Moore St Near Bayview (hta 182 (2)) A Couple Of Questions...

bpassand
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Moore St Near Bayview (hta 182 (2)) A Couple Of Questions...

by: bpassand on
Sun Jan 24, 2010 4:00 pm

Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.

The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses excepted)...that I just did not see.

Was charged with: 182 (2) - Disobey Sign.


Questions:

1. What's the difference between 182 (2) and 144 (9)? To me, 144 (9) would seem a more appropriate charge...


2. I am planning on choosing option 3 (trial). I have heard that it is good to ask for "disclosure". When and how do I request this?


3. If I speak to a prosecutor before hand, what is the likelyhood that they will lower it to a charge that won't go on my driving record (e.g., like a municipal by-law)? I'm not overly concerned about the fine or demerit points...just the record. Any suggestion on what to ask for??


4. If I don't like the prosecutor's offer, I will fight it. Any suggestions based on my circumstance? I have the receipt from the surgery to prove where I was going (that this isn't my daily route)...my record is/was clean...there were two signs posted across the street at the 4-way stop. Not overly obvious especially when you are checking for other cars and are somewhat lost. Moreover, it wasn't "dangerous", nor was I holding anyone up (since every car had to stop). I can only guess that sign is there to keep that particular street clear from cars in rush hour.


I appreciate you help...thanks.

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by: hwybear on
Sun Jan 24, 2010 5:21 pm

bpassand wrote:To me, 144 (9) would seem a more appropriate charge...

that section is for intersections controlled by a traffic control signal (traffic lights)

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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racer
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by: racer on
Sun Jan 24, 2010 7:23 pm

"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

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diggyj
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by: diggyj on
Tue Jan 26, 2010 10:13 am

Your best bet would be to go to first attendance, they will probably knock it down to zero points and a lesser fine.


DJ

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by: bpassand on
Tue Jan 26, 2010 11:18 am

Probably a simple question, but what is "first attendance"? Is that the actual trial date, or should I set up a meeting with the prosecutor ahead of time?


Thanks

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by: OTTLegal on
Wed Jan 27, 2010 7:11 am

If you go to first attendance they might take of the demerit points but the ticket will still go on your driving record for 3 years. Best to set a trial date.


The disclosure is going to tell you that there is a a sign there, and your vehicle disobeyed it....

Chris Conway
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Breathalyzer Tech, Radar/Highway Patrol
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by: racer on
Fri Jan 29, 2010 8:35 pm

First attendance is meeting with the prosecutor. He/she can offer you a lower charge. It is NOT a trial date, it is before the trial though, and you have a few dates during which you can go to see him/her. Basically you are agreeing to plead guilty without a fight and the prosecutor cuts you a deal in terms of penalty/actual charge you are agreeing to admit. You will receive a few (as in a score) of FA meeting dates in your court documents for the trial date.

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by: viper1 on
Sat Jan 30, 2010 12:45 am

each early attendance is different.


They dropped it right there after I spoke to them.


I think you should never take there first offer.


It looks scary but nothing to it.


Cheers

Viper1

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bpassand
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by: bpassand on
Tue Mar 02, 2010 10:16 pm

viper1 wrote:each early attendance is different.


They dropped it right there after I spoke to them.


I think you should never take there first offer.


It looks scary but nothing to it.


Cheers

Viper1

.


I'm still kind of confused. When I get my court date in the mail, the documents provided will include multiple "early attendace dates"? If I go on one of those dates and don't like the offer, can I refuse it? Do I then have the option of going to another early attendance date or would I need to go to court at that point?

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