144 (18) - Turning left at an intersection

iehacsk
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144 (18) - Turning left at an intersection

by: iehacsk on
Tue May 20, 2008 11:02 am

I was in the left turn lane going to turn left in an intersection. There was a car in front of us that proceeded to turn left so my car creeped forward into the intersection (past the pedestrian lines). The light was green during this time. The car in front made its left turn but was unable to clear the intersection because a few pedestrians were running across the road. By the time, it was clear for that car to go, the light turned yellow. Because my car was partially in the intersection (past the pedestrian lines), I figured I should clear the intersection so I wouldn't block traffic. The light turned red just before I cleared the intersection.

I was stopped by the police who charged me for failing 144-18
Is it possible to fight the ticket and argue that I was in the intersection and to avoid blocking traffic, I cleared the intersection?


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Reflections
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by: Reflections on
Tue May 20, 2008 12:06 pm

You may have an arguement if the pedestrians blocking the other car started crossing when the don't walk sign was flashing, thus causing the whole situation.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: Bookm on
Tue May 20, 2008 2:18 pm

( 18 ) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 ( 18 ).

This section describes "approaching a Red Light". I'm not sure but perhaps you could also argue that you did not approach a Red Light. You approached a Green Light. The intersection became obstructed by a pedestrian illegally crossing to your left, causing the delay of your turn.


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by: iehacsk on
Tue May 20, 2008 9:57 pm

Thanks for the responses. Reflections, thanks for the tip. The pedestrian signal was definitely flashing "Don't walk" when the pedestrians were running across the road. I guess I can bring up 144 (27) - No pedestrian approaching pedestrian control signals and facing a solid or flashing “don’t walk” indication shall enter the roadway. R.S.O. 1990, c. H.8, s. 144 (27).

Bookm, you do make a good point because it was green when I entered the intersection and it didn't turn red until after I made the turn to exit the intersection.


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by: Reflections on
Wed May 21, 2008 9:02 am

iehacsk wrote:Thanks for the responses. Reflections, thanks for the tip. The pedestrian signal was definitely flashing "Don't walk" when the pedestrians were running across the road. I guess I can bring up 144 (27) - No pedestrian approaching pedestrian control signals and facing a solid or flashing “don’t walk” indication shall enter the roadway. R.S.O. 1990, c. H.8, s. 144 (27).

Bookm, you do make a good point because it was green when I entered the intersection and it didn't turn red until after I made the turn to exit the intersection.
The question is was it flashing when they started to cross the road. :?:
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: Bookm on
Wed May 21, 2008 9:28 am

OF COURSE IT WAS ;)


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by: iehacsk on
Wed May 21, 2008 10:45 am

Reflections wrote:The question is was it flashing when they started to cross the road. :?:
Well there were a number of people who crossed the road while the "Don't Walk" sign was flashing. This was in an area in Toronto where there are a lot of restaurants around that intersection.


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by: Reflections on
Wed May 21, 2008 11:43 am

And there is your legal arguement.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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