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Ontario Highway Traffic Act

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"Disobey Sign" HTA 182(2) (Hwy 7 & Swansea Rd)
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PostPosted: Wed Apr 28, 2010 9:54 am 
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Hi,

This is my first time getting a ticket of any kind. I've been driving for over 10 years without even a parking ticket as I am a careful driver and obey all laws/by-laws. But yesterday, apparently I made an illegal left turn south onto Swansea Rd while heading west from Hwy 7 in Markham. I drove back to the intersection light and did see a sign that says that shows no left turn from 7am-9am, which I didn't notice earlier and it was 8:19AM. So the officer was just doing his job. He told me that the fine is minor ($110 total payable) and there are no demerit points. The ticket says:

Disobey Sign
HTA, Section 182(2)

I see that everyone with this violation gets 2 demerit points. Is the officer correct that I will not get any points? Should I plea guilty and pay the fine or fight this ticket? If I should fight it, how should I do it? Would my insurance go up if it is 0 or 2 points? Any help or sharing your experience with this is much appreciate. I'm nervous as this is my first ticket ever. Thanks!

Betty


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PostPosted: Fri Apr 30, 2010 10:59 am 
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The fine is indeed $110 and 2 points. The points are an administrative issue and neither the crown nor the justice of the peace has the ability to affect the points. If you plead guilty or are convicted of Disobey Sign you will get the points off your licence.

With respect to insurance, it depends on your policy and company but in general, yes, your insurance will go up if you get a ticket with points. It will probably also go up if you get a ticket with no points. It will probably go up next year for no reason too - that's just insurance in Ontario! :) That being said, your insurance company still has to find out about the ticket. There is no automatic notification and you are not under any obligation to report the ticket (unless it says to in your insurance contract) so if you don't go looking for a new quote you don't have to talk about it.


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PostPosted: Fri Apr 30, 2010 11:48 am 
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Thank you for your reply Simon! That was what I thought after reading many posts here and some research, however the officer said that it was a minor fine with 0 points. Is there any chance that it is 0 points?

I guess I should try to fight it? He also made a (minor?) error with my name. He wrote my first name in the first name area and then my last name slightly higher following my first name, and then my middle name in the last name area. Would this still be a valid ticket? Thanks for your help!

Betty


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PostPosted: Fri Apr 30, 2010 12:11 pm 
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There is zero chance that the offence carries anything other than 2 points. That is set by the MTO as an administrative issue.

With respect to the error in your name you could make the argument to the justice of the peace that the person indicated on the ticket is not you. If the ticket has an incorrect last name on it I'd suggest that is not you. Before you take it to trial, meet with the crown at a first attendance meeting and inform him of your intention to argue that point. If he thinks you will be successful in your argument he may just pull the ticket and save you having to take it to a trial.


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PostPosted: Fri Apr 30, 2010 1:29 pm 
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Thanks again for your reply. The name spelling is correct but the first, middle and last names are in the wrong spot, particularly the middle name placed in the last name area of the ticket. I've read in other places that name errors are considered minor and can be amended upon trail. I guess it is worth while to mention it. Maybe they will bump the offence down, which I hope they will for someone making an honest mistake.


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PostPosted: Fri Apr 30, 2010 1:47 pm 
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In my experience an error in the name is not a minor error. I would definitely raise the issue.


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