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Disabey Sign - Act 182(2)
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PostPosted: Tue Jan 27, 2009 3:49 pm 
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Got a ticket yesterday that I made a right turn which is not allowed between 4-6pm. The road I turned from has two lanes. One for left turn and the other for right turn. I did see the Stop sign but did not notice the other sign at all. It is almost 6pm and is dark, plus the road condition is bad so that I have to pay attention that I did not hit a hole on the road.

What is the best option for me? Fight or just pay the fine. I just dont want to lose the 2 points.

Thanks.


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PostPosted: Tue Jan 27, 2009 4:52 pm 
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ignorance is not a defence.......you'll have to come up with something more then that

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PostPosted: Tue Jan 27, 2009 5:00 pm 
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i had 2 tickets like that in the past couple years, one was against the by-law, the other was against HTA. i filled out the forms to contest the charges but did not ask for disclosure or anything like that.
At the court dates, they dropped the charges although cops were there.
To today i still can't figure out why they dropped the charges. It seems to me they deem the kind of charge not serious so they do as they pleased; if i was to ask for disclosure the outcomes may have been different.
Not sure what to advise you, let hear from the expert in the forum.


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PostPosted: Tue Jan 27, 2009 5:08 pm 
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Normally, I wouldn't talk to the Crown. I'd just go ahead and fight the charge. But in this case, I would definitely explain the conditions to the Crown and ask that he offer you a non-moving violation instead (perhaps "improper muffler"). No points and your insurance company will consider it minor (no rate increase).

If the plea bargain is going well, you might even ask for a lesser fine ;)
($50 is as low as they'll go in my limited experience)


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PostPosted: Tue Jan 27, 2009 9:02 pm 
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Fight the ticket. You DON"T want the points!

If you were in the GTA, the bilingual defence applies. That could get you out of the ticket. See my site, Step 5 on how to use it.

Otherwise, follow Bookm's advice. It's always solid.

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PostPosted: Wed Jan 28, 2009 5:35 pm 
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Bookm wrote:
Normally, I wouldn't talk to the Crown. I'd just go ahead and fight the charge. But in this case, I would definitely explain the conditions to the Crown and ask that he offer you a non-moving violation instead (perhaps "improper muffler"). No points and your insurance company will consider it minor (no rate increase).

If the plea bargain is going well, you might even ask for a lesser fine ;)
($50 is as low as they'll go in my limited experience)


If they agree that I only need to pay the fine but no affect on my points (0 point), does that affect my insurance rate?

thanks.


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PostPosted: Wed Jan 28, 2009 6:41 pm 
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In order to affect the points, the charge has to be changed. This happens all the time. It's normal court procedure.

I don't know how ALL insurance companies operate, but in my case, I got three tickets in one stop. I called my insurance agent and asked if one "roll stop sign" ticket would be a problem. No increase for one. What about two? That's a problem.

So I plea bargained away two tickets and accepted the third.

I drove like a granny(ish) for 3 years and now I'm clean.


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PostPosted: Thu Nov 12, 2009 3:17 pm 
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copied from locked thread (same incident)

http://www.ontariohighwaytrafficact.com/topic1605.html

generalcarh wrote:
I am going to trial soon. I have a question here and hope to get some advise.
I remember the officer who stopped me was not the officer who issued me ticket. At that moment, the officer who issued me the ticket was sitting in the policy car to write another ticket. When he finished it, he stepped out the policy car, handed ticket to another person and then walked to me and told me that I should not make the turn....

So, if this is the case, can I question the officer that since he did not see I made the turn but only see I stopped there, he in fact can't say I made the turn.

Thanks.

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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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PostPosted: Thu Nov 12, 2009 11:35 pm 
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If that was the case then both officers have to be in court for the prosecutor to have a chance of getting a conviction.

Does diclosure mention anything about this?

You may want to prepare for the case both of them actually showing up.

And what if the cop's version of the story is different, that the one wrote up the ticket also the one made the stop, and the JP will beleive the cop's version unless you have evidence to prove otherwise.


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