HTA 182(2) Queen Street/Airport Road in Brampton

Wilchris
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HTA 182(2) Queen Street/Airport Road in Brampton

by: Wilchris on
Tue Jun 29, 2010 2:55 pm

There is some construction going on for the last three months and hence, the northbound right lane on airport road at queen street which exits is closed due to construction and they have put barriers. they have put the right turn sign on the adjacent lane in the black background. Also the right lane north of Queen Street at Airport road is closed and they have an arrow sign there which indicates to merge in to the left lane. The line between a temporary right turn lane and the left lane is a dotted line, not a solid white line. I was going north on airport road and was in right lane. I merged in to left lane just before the intersection behind another vehicle and crossed the intersection and the officer pulled me over and handed me a $110 ticket under HTA 182(2) for disobeying the sign. However, it does not say on the ticket which sign is he talking about. shouldn't it say clearly which sign I disobeyed? If he is referring to the Right Lane Exits sign, the right lane is closed so basically the sign in not valid. In fact, i obeyed the left lane merger sign. What are my options?
Thanks in advance.


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Simon Borys
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by: Simon Borys on
Wed Jun 30, 2010 9:28 am

If you're unclear about what evidence the officer has about your alleged violation you might want to request disclosure to read his notes. Then you will be in a better position to make an informed decision about what to do next.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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by: Radar Identified on
Thu Jul 01, 2010 12:33 am

The ticket doesn't have to specify which sign was disobeyed, just the location where the alleged offence occurred... so at an intersection with multiple signs, it could be very ambiguous. As Simon Borys says, disclosure should reveal more...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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by: Biron on
Thu Jul 01, 2010 12:41 am

.
Hi Wilchris:

---> this is an opinion and NOT legal advice <---

I am guessing and assuming that you are referring to the intersection of Queen St. and Airport Rd. in Brampton.

If my assumption is correct, Airport Rd., northbound approaching Queen St., has 6 lanes; counting from left to right:

Lanes #1 and #2 are left turning lanes.
Lanes #3, #4 and #5 are through lanes and
Lane #6 is a right turning lane
Wilchris wrote:... the northbound right lane on airport road at queen street which exits is closed due to construction and... they have put the right turn sign on the adjacent lane in the black background.

Also the right lane north of Queen Street at Airport road is closed and they have an arrow sign there which indicates to merge in to the left lane.


Lane #6 is closed due to construction and the temporary right turn designation sign refers now to lane #5.

Image


http://www.e-laws.gov.on.ca/html/regs/e ... e.htm#BK13


In other words, lane #5 is now a designated right turning lane.
Wilchris wrote:I was going north on airport road and was in right lane. I merged in to left lane just before the intersection ... and crossed the intersection


You were going in lane #6, merged into lane #5 and went through the intersection.
Wilchris wrote:If he is referring to the Right Lane Exits sign, the right lane is closed so basically the sign in not valid. In fact, i obeyed the left lane merger sign.
Most likely the officer refers to the temporary right turning lane designation sign, which made lane #5 a right turning lane.

Remember? ..."they have put the right turn sign on the adjacent lane"

I think you did disobey the line designation sign.
Wilchris wrote:...the officer ... handed me a $110 ticket under HTA 182(2) for disobeying the sign.

However, it does not say on the ticket which sign is he talking about. shouldn't it say clearly which sign I disobeyed?


I would suggest that, in fact, the certificate does not properly describe the offence as it does not make a reference to R.R.O. 1990, Reg. 615, s. 34 (1) of the HTA. Further, it should also make reference to Figure 2.

As such, I would suggest that, the certificate does not permit the defendant make full answer and defense. Alternatively, due to ambiguity, the certificate refers to an offence not known to law.

But that is just my opinion based on a number of assumed facts.

Did you file your Notice of Intention to Appear yet?

Cheers.
..


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by: Wilchris on
Thu Jul 08, 2010 1:37 pm

Yes, I have filed for a trial and its in December. I went to that place two days after and shot some pics (thank god as they removed some of the signs a day after i shot pictures) and i will post them for your valuable suggestions.


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by: Biron on
Thu Jul 08, 2010 4:56 pm

.
Hey Wilchris:
[b][color=blue]Simon Borys[/color][/b] wrote:If you're unclear about what evidence the officer has about your alleged violation you might want to request disclosure to read his notes. Then you will be in a better position to make an informed decision about what to do next.
Did you ask for disclosure as Simon suggested?

You may also want to request copy of the by-law that directed the sign placement there.

Cheers.
.


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by: Wilchris on
Wed Dec 08, 2010 11:25 am

I have a trial on 14th. The disclosure sent to me was just a hand written note by the officer. I can not even understand what he has written but it seems that he is referring to disobeying the right turn sign. here's the pictures i shot. Please help me to figure out what pictures to present to the court and what is the procedure to present pictures.

#1Image

#2Image

#3Image

#4Image

#5Image

#6Image

#7Image

#8Image

#9Image

#10Image


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by: hwybear on
Wed Dec 08, 2010 1:26 pm

take all photos to court.....clearly shows the sign "right lane exits", 2 legal signs indicating right lane to turn right and pavement right hand arrow.

The orange arrow merger is not a legal sign to obey.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: Biron on
Wed Dec 08, 2010 4:08 pm

Hey; just a comment.

NOT LEGAL ADVICE
hwybear wrote:take all photos to court.....clearly shows the sign "right lane exits", 2 legal signs indicating right lane to turn right and pavement right hand arrow.
If he was traveling on lane #5, when he crossed the intersection, the pictures will not help him. If he was traveling on lane #4 when he crossed the intersection, then he did not disobey any sign and may use the pictures to his favour.

Cheers,


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by: Reflections on
Wed Dec 08, 2010 6:03 pm

Like Bear said, take all the pictures to court and ask the officer, "Which sign are you reffering to"...... I think it'll get dropped considering what you posted here.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com




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by: Reflections on
Thu Dec 09, 2010 12:49 am

So you were doing what the Mercedes is doing in pic 6, from the top......
All the lane markings are dashed right to the intersection......
I might have given the officer a donut for that one.....
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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hwybear
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by: hwybear on
Thu Dec 09, 2010 9:51 am

Reflections wrote:So you were doing what the Mercedes is doing in pic 6, from the top......
All the lane markings are dashed right to the intersection......
I might have given the officer a donut for that one.....
I just added in numbers on the photos - make it easier!!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: hwybear on
Thu Dec 09, 2010 10:00 am

#1 - honda van driving in closed area
#7 - 2 more driving in closed area
#8 -last SUV (Lincoln) had blown red light, green arrow for opposite direction, I can give benefit to lead vehicle and/or taxi waiting for light to turn being forward of a stop line
#10 - clearly shows traffic in right lane (closest to pylons) MUST turn right
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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