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144(9) & 7(1)(a) -proceed contrary to sign & no vali
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PostPosted: Fri Jan 08, 2010 12:01 pm 
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Hello all,

I was travelling southbound on Frank Endean Road onto southbound Spadina Road in Richmond Hill (first time ever). I just started working at Yonge and Highway 7 this Monday. Although I worked there in the summer (May to August), it's the first time for me to try to drive there in the winter (Drive to work from East Gwillimbury). I am still trying to find my optimal winter driving route (Summer route was South on 404, get off at Stouffville, south on leslie, and west on highway 7 to reach Yonge).

Long story short, I crossed that intersection only to be stopped by 2 cops (surprisingly that they did not wear laminated jacket, I thought that was required by WHMIS whenever working on roads by anyone). One cop approached me saying that I cannot go straight through the intersection between 7-9 am (It was 8:30am) and there were 3 signs posted. He then asked for driver's license, insurance, and ownership. He then flip opened the ownership and I don't have that permit sticker there neither.

I ended up getting two tickets worth $110 each. One is "Proceed contrary to sign at intersection according to highway traffic act section 144(9)". The other one is "Drive Motor vehicle/no currently validated permit according to highway traffic act section 7(1)(a)"

On both tickets, I cannot see anywhere mentions Demerit points deduction. I looked up these HTA sections against the Demerit chart and only the 144(9) has 2 demerit points deduction

I believe the cop is a nice guy. At least when he returned the tickets, he said I can easily fight the 7(1)(a) ticket as long as I bring the original copy (the one i have in car is photocopied) and make sure the original copy has the stickers at the back.

What are my options right now?

I am thinking of fight the 7(1)(a) with the original document and plea bargain the 144(9). However, what should I say when I plea bargain and how should I do it?


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PostPosted: Sun Jan 10, 2010 5:32 pm 
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As a possible defence method, get to the courthouse ASAP with the proper permit. Get that out of the way.

Then fight the 144(9) (prohibited turn) separately. You are right, it carries 2 points (the points are awarded, not deducted).

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"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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PostPosted: Tue Jan 12, 2010 7:42 am 
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racer wrote:
As a possible defence method, get to the courthouse ASAP with the proper permit. Get that out of the way.

Then fight the 144(9) (prohibited turn) separately. You are right, it carries 2 points (the points are awarded, not deducted).


now, when u say fight the 144(9), do u mean plea not guilty?

how should i defence myself against that case?


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PostPosted: Thu Jan 14, 2010 12:01 am 
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Location: Guelph, Ontario
Yeah, the fight implies pleading not guilty.
You can beat the ticket on technicality, or a cop no-show. Paying means that you plead guilty. Many a time a ticket has been dismissed or dropped. You can always talk to the prosecutor and see if he wants to offer you a deal that you cannot refuse.

And even if you loose - well, you fought the fight!

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"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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