Hello OHTA Forum,
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely interesting.
The Post is in 3 parts:
-Summary of Ticket
-Defense of Ticket
- 2 avenues of defense, with evidence, links and strategies
-General Comments & Attachments**This post is not legal advice, this is my opinion and my own understanding of the law. By acting on anything I have said, you assume responsibility for any outcome and consequences. **------------------------------------ Summary of Ticket---------------------------------
Onto the ticket. I was given a ticket for Disobey Sign HTA 182(2) - in regards to a No Straight Through Intersection Sign. On Friday, March 11, 2016 at 12:20pm.
Here is a quick summary of the alleged offense. I the defendant was driving north up Everden Road south of Eglinton Ave West to park within the Green P Parking on the East side of Everden Road, south of Eglinton Ave West. There are two caution signs at the bottom of Everden Road facing northbound traffic stating, "NO EXIT 7AM to 7PM Except Sunday and Public Holidays". Further north up the street before the intersection, approximately 65m south of the intersection there is a sign "NO STRAIGHT THROUGH INTERSECTION 7AM to 7PM MON-SAT Police Vehicles Excepted". The sign does not state that, it is just a white background with a black arrow going straight up and a red circle and line crossing over the black arrow.
As I was driving north up Everden with a friend as a passenger, I seen both signs as well as a cop scout vehicle parked just 2m south of the no straight through intersection sign and another vehicle stopped on the east side of the road and thought nothing of it, living in the area and knowing these signs I had no intention to exit the street or go straight through the intersection of Everden and Eglinton Ave West. I proceeded to go north, past both signs, signaled to the right and proceeded to park in an empty spot on the east side of Everden within the signs that signal Green P paid parking, approximately 30m north of the no straight through sign and 15m north of the parking terminal to pay for the parking. As I was in the parked vehicle talking with my friends before exiting the vehicle to pay for parking the cop must have exited his vehicle and came to mine. This surprised me, he then instructed I give over my driving documents, which I did. I was completely confused, as to why I was being asked for the documents, but I complied none the less. He leaves to his vehicle for a while and then comes back with a ticket, stating a disobey of the no straight through intersection sign.
I stated to the officer, that I did not go through the intersection and my intention was to park, and that I have parked, and that my parked vehicle within the Green P parking was my destination. I asked, I understand you have given me the ticket, and I cannot change that but I am here to park and will be parking here, can I not park here? He then said I cannot park on the street and told me to start my vehicle, get out of my spot and leave the street. Meanwhile many cars are parked on the street with paided parking stamps from the terminal on their dashboard. I am in no mood to fight a copy, argue with a cop, or just deal with them in any fashion that they can perceive as a slight against them. I prefer to face them in court. So, I did as he said and started me vehicle and turned around and parked further down on another side street and just walked all the way with my friend back to Eglinton to be on our merry way. ------------------------------------ Defense of Ticket---------------------------------
Onto my defense for this ticket, I have requested a trial and have my friend available to come as a witness backing up what actually happened. My trail is towards the late end of February, 2017. Notice of Trail was given on July 11, 2016, after early my resolution meeting which was requested within days of receiving the ticket. I have 2 avenues of defense that I can see at the moment: First Avenue Pleading Not Guilty and fighting the Ticket with witness, evidence, and cross-examination; Second Avenue Application for Stay / Filling a 11B if I can draw out the court dates with proven delay attributed to the prosecutor’s office.
I have requested disclosure, on December 14, 2016 in person, I have my disclosure stamped and also have a signed and stamped affidavit stating I gave disclosure that day. I was given a typed electronic copy of the notes on the spot the day I requested disclosure. However, they stated they have DVD/audio evidence and I have been waiting for that. I will be going in this Friday January 13, 2017 to request disclosure again, and get another affidavit signed. This is to prepare for 11B if it comes down to it further down the line.********First Avenue Pleading Not Guilty and fighting the Ticket*********
Being that I have been charged with a Disobey Sign offense, I would plead not guilty and prove that I did not disobey any sign. With witness, evidence, and cross-examination.
With my witness to testify, and myself if need be and my cross-examination prepared for the officer and also my witness if need be. I can prove that I did not disobey any sign. I plan to use cross-examination to lead and present my evidence referenced below by asking the cop about his knowledge og the documents I link below.
The Official MTO Driver's Handbook, the online version states the sign I “disobeyed” is a sign that states “Do not drive straight through the intersection”.
(I have 3 copies printed out)
R.R.O. 1990, Reg. 615 Signs, s. 22 (5) & (7) states the sign stands for “(5) Every sign that prohibits a vehicle from proceeding straight through an intersection shall,”. “(7) Every sign that restricts a vehicle from proceeding straight through an intersection shall”.
(I have 3 copies printed out)
Only, Book 5 of the Ontario Traffic Manual on Regulatory Signs; Sign Types states the signs as the following:
“The NO STRAIGHT THROUGH sign (Rb-10) - prohibits straight-through movements, and requires that the vehicle turn to either the left or right.
The NO STRAIGHT THROUGH sign with specified times (Rb-10A) restricts the Rb-10 prohibition to the specified times of day and days of week.”
(I have 3 copies printed out)
However, the guidelines for use in Book 5 of the Ontario Traffic Manual on Regulatory Signs state:
“Turn control signs are typically used at intersections. In the case of U-turns, however, the sign indicates that drivers are prohibited from making U-turns at or near the location of the sign.
Additional turn control signs may be used as advance signs upstream of the intersection to which they apply. There should be no other intersections, driveways or entrances between the advance sign and the intersection to which the turn control sign applies.”
(I have 3 copies printed out)
Even then the guidelines state that the no straight through signs are used at intersections and can be used upstream of the intersection they apply too. Also, I’m not sure it matters but there is a driveway/entrance between the advance sign and the intersection to which the turn control sign applies.
My big pull from these documents, regulations, laws, are that I parked, I stated I wanted to park and in no way, did I go through the intersection. I did not turn left, or right, or go straight through the intersection. I just parked on the street. In a permitted Green P Parking Area. Therefore based on how these documents interpret the sign, I did not go against the documents and therefore did not disobey the sign.
I have done this all my life, used Everden Road, I have lived in the area for my whole life, and use that road often to park, pickup friends and family from the TTC station and even park there to visit the local Division 13 Police Station! Unfortunately for family circumstances I have been a frequent visitor over the last couple months. It’s easy to access from my home and I can make a safe three point turn and go back down the street and to my home easier than using main streets. ********Second Avenue Application for Stay / Filling a 11B**********
I realize that the time between the ticket and notice of trail is considered neutral and cannot be used to argue for a charter violation as the crown sees any time between the filling for early resolution and the actual resolution date as neutral time, neither against me or the prosecutor’s office. However, I am prepared seek the charter defense as an avenue of defense if the prosecutor’s office(PO) does not provide me with appropriate disclosure in a timely fashion, or I just don’t receive proper disclosure at all from the PO.
With respect to my case, the total period of delay from the time of being charged until his trial date is 10months and 20 days. Of this period, I (just little ol’civilian me) apportion the delay as follows:
* Inherent time requirements of case: 1 month day / the PO can argue 2 months
* Accused delay: 10 days
* Institutional Delay: 9 months 10 days
* Neutral Timing/Early Resolution: 4 months *7 days* (Leaving Institutional Delay at 6 months 13 days)
As far as my disclosure requests go, they have not given (I have requested the following):
o explanation and clarification of the charge;
o certified copy of the by-laws on Everden Road;
o certified copy of the regulations and laws pertaining to the charge and signage on Everden Rd;
o dashboard camera footage from the Officer # 8743 police vehicle during the time of charge;
o any photographic, audio or video evidence if it exists that the Crown intends to use it at trial
o any statements made by the defendant;
o copies of the original notes of such statements; and
o the names and address, occupation and criminal record of the persons providing such information.
I realize if they do not give any of the above I must argue in court to the crown as to why I should be given these things. I have arguments for each, others being stronger then some, but I am prepared to fight for each one.
They have only provided (I requested the following):
o a full copy of the police officer’s notes;
o a typed version of any hand-written notes;
o If short-form writing is used in the officer's notes, please have the officer provide an explanation for the short forms;
o a copy of both sides of the officer’s copy of the ticket (Notice of Offence);
I realize filling for an 11B at this time is a long shot, but I’m preparing myself as it may become relevant. Also, this is just all good to learn as far as I am concerned so I do not mind. -------------------- General Comments---------------------------
Attached to this post you shall see the sign in question, the street and a diagram noting how this panned out and where all the vehicles were at the time of the ticket. As well as the officer notes.
I’m posting this to see if perhaps I am missing something, or if I am fundamentally getting something wrong. Are there other avenues for defense I’m missing? Are the avenues for defense I’ve chosen flawed?
I am all ears and open to learn. Everything I have posted, all my current knowledge comes from these forums and reading some case law in regards to 11Bs.**This post is not legal advice, this is my opinion and my own understanding of the law. By acting on anything I have said, you assume responsibility for any outcome and consequences. **