On May 18, 8:20pm I was driving on Kerns Road from Dundas Street (Hwy 5), Burlington. I saw the first temporary road closure sign (photo2) but I saw the traffic on opposite direction so I slowly drove down to the second temporary road closure sign (photo1). The officer came to me and without any explanation, issued a ticket "Disobey sign" (this is the exact wording on the ticket), HTA 182(2). Im living this area closed to this road sign but I thought the road was widening for both directions but I found out now the city is making one-way traffic conversion on "kinked area" (circle on photo1). There are few arguments that Im thinking of: - Im not sure this temporary road closure sign was valid? - There wasnt any advanced temporary road closure sign from Dundas Street (Hwy 5) until I met the first temporary sign (photo2). Few days later I saw one temporary road closure sign on Dundas Street (Hwy5). - There are five properties on the end of Kerns Road before the road conversion area (photo1) so I believe the people living that area used this road even during construction period. - I drove yesterday again the area, only affected area is the circle on the photo1, which was converting from two-way traffic to one-way traffic. The rest area is two-way traffic. Anyone can give me an advice whether or not going to court? And any reasons for arguments? Thanks in advance.
On May 18, 8:20pm I was driving on Kerns Road from Dundas Street (Hwy 5), Burlington. I saw the first temporary road closure sign (photo2) but I saw the traffic on opposite direction so I slowly drove down to the second temporary road closure sign (photo1).
The officer came to me and without any explanation, issued a ticket "Disobey sign" (this is the exact wording on the ticket), HTA 182(2).
Im living this area closed to this road sign but I thought the road was widening for both directions but I found out now the city is making one-way traffic conversion on "kinked area" (circle on photo1). There are few arguments that Im thinking of:
- Im not sure this temporary road closure sign was valid?
- There wasnt any advanced temporary road closure sign from Dundas Street (Hwy 5) until I met the first temporary sign (photo2). Few days later I saw one temporary road closure sign on Dundas Street (Hwy5).
- There are five properties on the end of Kerns Road before the road conversion area (photo1) so I believe the people living that area used this road even during construction period.
- I drove yesterday again the area, only affected area is the circle on the photo1, which was converting from two-way traffic to one-way traffic. The rest area is two-way traffic.
Anyone can give me an advice whether or not going to court? And any reasons for arguments?
Thanks in advance.
You do not have the required permissions to view the files attached to this post. Register to view.
You failed to disobey sign because of the 2 "DO NOT ENTER" signs facing you (white signs, red circle with white horizontal line). Oncoming traffic is irrelevant. They are also posted on the left and right side of the road, indicating zero access is permitted from either side of the road you're approaching from. Whether you try to fight it or not, be aware that you are guilty of the charge based on the evidence you've provided. For reference, you may only use a road with a sign that states, "Road Closed" with the exception, "Local Traffic Only". Any time you approach a Do Not Enter sign, you may not enter under any circumstances.
You failed to disobey sign because of the 2 "DO NOT ENTER" signs facing you (white signs, red circle with white horizontal line). Oncoming traffic is irrelevant. They are also posted on the left and right side of the road, indicating zero access is permitted from either side of the road you're approaching from. Whether you try to fight it or not, be aware that you are guilty of the charge based on the evidence you've provided.
For reference, you may only use a road with a sign that states, "Road Closed" with the exception, "Local Traffic Only". Any time you approach a Do Not Enter sign, you may not enter under any circumstances.
nerd, Thanks for your comment. You may or not see from the photo, the road closure sign is for "through traffic". if I didn't plan to drive through the actual construction area or one-way road conversion area, then I shouldn't be not guilty? The area I got the ticket is popular hiking area so many people have parked their cars both sides of the road and enjoying their time. I believe that area is not affected any construction activity. There are five houses just off from Kerns Road before the road conversion area. I'm wondering how those people get to their houses. I guess these people can pass these sign? because the road closure is for through traffic? I'm not arguing with you but I want to get some good points to avoid the ticket. Thanks in advance for any feedback.
nerd,
Thanks for your comment.
You may or not see from the photo, the road closure sign is for "through traffic". if I didn't plan to drive through the actual construction area or one-way road conversion area, then I shouldn't be not guilty?
The area I got the ticket is popular hiking area so many people have parked their cars both sides of the road and enjoying their time. I believe that area is not affected any construction activity.
There are five houses just off from Kerns Road before the road conversion area. I'm wondering how those people get to their houses. I guess these people can pass these sign? because the road closure is for through traffic?
I'm not arguing with you but I want to get some good points to avoid the ticket.
The legal signs in the photo are the 2 "DO NOT ENTER" signs facing you (white signs, red circle with white horizontal line). And top it off the signs are actually blocking the lane that you approach on, so other than putting a fence across the whole road( which probably blocks the contruction vehicles from exiting), don't know how much more obvious that one is to simply "DO NOT ENTER"
bhuh wrote:
You may or not see from the photo, the road closure sign is for "through traffic". if I didn't plan to drive through the actual construction area or one-way road conversion area, then I shouldn't be not guilty? .
The legal signs in the photo are the 2 "DO NOT ENTER" signs facing you (white signs, red circle with white horizontal line).
And top it off the signs are actually blocking the lane that you approach on, so other than putting a fence across the whole road( which probably blocks the contruction vehicles from exiting), don't know how much more obvious that one is to simply "DO NOT ENTER"
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
The issue here is not whether people use the area surrounding the road. It is likely that there is another "entrance" to the road from a different direction where local residents and the oncoming traffic you witness are accessing this road. It is possible the road narrows, or has material, equipment or contruction vehicles parked on one side of the road in the the construction zone. This would make it difficult for 2-way traffic to use the road while under construction, which is why they might have blocked traffic in one direction and not the other. Unfortunately, the reasons why it is blocked or whether it has traffic using the road from another direction does not give you the right to access the road from the direction you had. The evidence in the case are the do not enter signs, which override anything else. You never, ever proceed against do not enter signs because you may collide with an oncoming car that has the right-of-way. In some cases on some streets, the cars may be driving 50kph or faster, which would end badly for all involved. I think this one is best left up to living and learning. I don't believe you will be able to win a case by pleading not guilty and opting for trial. Though I believe option 2 on your ticket is for you to plead guilty with explanation - you may be able to ask for a reduced charge, explaining you were confused by other cars accessing the road. You might be able to have the charge amended to the by-law Disobey Sign: "Every driver or operator of a vehicle shall obey the instructions or directions indicated on any sign so designated by any city bylaw." That one will cost you about $75 with fines and fees, but is not a moving violation, does not go on your driving record and carries 0-demerit points. Best of luck. Perhaps another member could help verify your options.
bhuh wrote:
nerd,
Thanks for your comment.
You may or not see from the photo, the road closure sign is for "through traffic". if I didn't plan to drive through the actual construction area or one-way road conversion area, then I shouldn't be not guilty?
The area I got the ticket is popular hiking area so many people have parked their cars both sides of the road and enjoying their time. I believe that area is not affected any construction activity.
There are five houses just off from Kerns Road before the road conversion area. I'm wondering how those people get to their houses. I guess these people can pass these sign? because the road closure is for through traffic?
I'm not arguing with you but I want to get some good points to avoid the ticket.
Thanks in advance for any feedback.
The issue here is not whether people use the area surrounding the road. It is likely that there is another "entrance" to the road from a different direction where local residents and the oncoming traffic you witness are accessing this road. It is possible the road narrows, or has material, equipment or contruction vehicles parked on one side of the road in the the construction zone. This would make it difficult for 2-way traffic to use the road while under construction, which is why they might have blocked traffic in one direction and not the other. Unfortunately, the reasons why it is blocked or whether it has traffic using the road from another direction does not give you the right to access the road from the direction you had.
The evidence in the case are the do not enter signs, which override anything else. You never, ever proceed against do not enter signs because you may collide with an oncoming car that has the right-of-way. In some cases on some streets, the cars may be driving 50kph or faster, which would end badly for all involved. I think this one is best left up to living and learning. I don't believe you will be able to win a case by pleading not guilty and opting for trial. Though I believe option 2 on your ticket is for you to plead guilty with explanation - you may be able to ask for a reduced charge, explaining you were confused by other cars accessing the road. You might be able to have the charge amended to the by-law Disobey Sign: "Every driver or operator of a vehicle shall obey the instructions or directions indicated on any sign so designated by any city bylaw." That one will cost you about $75 with fines and fees, but is not a moving violation, does not go on your driving record and carries 0-demerit points.
Best of luck.
Perhaps another member could help verify your options.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Any suggestions on how to handle this? I can't afford to spend a day at the court 
