HTA 182 (2) ticket for turning right in an emergency

saculet
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HTA 182 (2) ticket for turning right in an emergency

by: saculet on
Tue Sep 29, 2009 1:02 pm

Hi all,

I haven’t talked to anyone about this yet, so for the time being I would prefer not to disclose too many details about the location.

This past Friday I drove over a bump in the road as I was going downhill on my way home when I heard a noise coming from the rear, like a piece of metal breaking. I had one of the rear coil springs break on me two years ago and I feared that the same thing happened again, even though both rear coil springs and shock absorbers have been replaced. Parts quality is not what it used to be, unfortunately.

I put my 4-way flashers on and looked for a safe place to pull over, as this is a one-lane road that doesn’t have a shoulder. I soon came up to a side street and turned right onto it only to find myself directed to stop by a cop. It turns out that there was a “No right turn Mo-Fri 3PM-6PM” sign that prohibited right turns onto that street and the cops were there to enforce it. I was very upset and under a lot of emotional stress as I didn’t know what exactly was wrong with my car and feared the worst (my car has close to 300K on the odometer and I live quite far from where the event took place). However, the cop didn’t bother to listen to my attempt to explain what had just happened, he asked for my documents and returned with a $110-ticket “disobey sign HTA 182 (2)”

I left and as soon as I had a chance I pulled over, jacked up the rear and noticed after a short inspection that the rear stabilizer bar bolt was broken on passenger side, so that must have been the noise I heard when I drove over the bump. Looks like the wheel control arms are OK and the wheel itself doesn't have any play. I checked with a friend who knows far more about cars than I do and he said it’s OK to keep driving the car, just avoid bumps, potholes and other irregularities.

These are the facts. I intend to fight this ticket as I feel that I unjustly got it, I was only trying to find a place to safely pull over (traffic was quite heavy as it was around 5 PM).

What is your input, should I talk to the prosecutor first and get him/her to withdraw the ticket or should I go directly for trial? I could ask for an interpreter at trial since English is not my first language.

Also, would it help if I had the car inspected by a garage to confirm that the bolt is broken? I took some pictures myself, would that be sufficient proof? I must mention that I dropped the car off to a garage for an oil change just two days before this happened and they haven’t mentioned anything being wrong with the rear suspension. You know how these guys are always looking for stuff that gives them a reason to sell more repairs.

I should also mention that this didn't happen in a region designated as bilingual.

Any and all replies are much appreciated. Thanks.


liveontheedge
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by: liveontheedge on
Tue Sep 29, 2009 5:27 pm

Gone those days where cops listened and helped citizens, they are only looking out for themselves, quotas and overtime.

You can try to explain your situation to the Crown, but i don't think your reason will make much difference, the Crown would just reply ok i understand your situation, so i offer you a deal with less fine and no point, take it or leave it.

As for interpreter, it's a chance to get off if interpeter does not show. And don't tell them at the beginning of the trial that you need interpreter or the Crown will manipulate the process and delay your trial to another day.


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by: racer on
Wed Sep 30, 2009 9:25 am

Wait, you had your 4-way flashers ON and the cop still pulled you over? Get disclosure.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


saculet
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by: saculet on
Wed Sep 30, 2009 10:51 am

racer wrote:Wait, you had your 4-way flashers ON and the cop still pulled you over? Get disclosure.
Hi racer,

Thanks for your reply.

Cop didn't pull me over. I was looking for a place to pull over so I turned right onto that street with the 4-way flashers on, then he directed me to stop when he saw me.


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by: racer on
Wed Sep 30, 2009 12:03 pm

saculet wrote:
racer wrote:Wait, you had your 4-way flashers ON and the cop still pulled you over? Get disclosure.
Hi racer,

Thanks for your reply.

Cop didn't pull me over. I was looking for a place to pull over so I turned right onto that street with the 4-way flashers on, then he directed me to stop when he saw me.
"Pulled over", "directed to stop", same thing really.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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