I work in a medical center whose parking lot is only accessible through a residential neighbourhood. This neighbourhood has a lot of restrictions on turns during rush hour, including a very convenient turn onto a main street between 4-6pm. Of course everyone who works there makes that turn constantly... It's just the most convenient way to get home. Rush hour traffic is pretty bad though so people usually only manage to make the turn when there's a break in it. Well I'm no exception and usually make that "illegal" right turn on the way home. Today after 2 years of working there, I finally got unlucky. I was first up to the plate right around 5pm, there was a break in the rush hour traffic so the road was absolutely clear, made the turn and ran right into a police trap around the next corner... turns out a resident had complained and he was sent to hide in the bushes and ticket drivers making that turn. There were at least two people pulled over ahead of me and he pulled over 2-3 other people behind me who made the turn at the same time. I'm not at all concerned about the fine or the demerit points... it's the insurance that will screw me over. Is there any realistic way of bargaining this down to a by law offence or something that won't show up on my driving record? Thanks all for your advice.

Topic

Disobey Sign: Illegal Right Turn

by: HMRCAF on

18 Replies

HMRCAF
Newbie
Newbie
Posts: 10
Joined: Wed May 25, 2016 11:58 am

Re: Disobey Sign: Illegal Right Turn

I was charged with "disobey sign: HTA 182(2)". I did quickly tell the prosecutor I'd plead guilty right away to any charge not under the HTA but she rejected that out of hand. Next week I'll try to be more specific and bring up the section of the TMC. Thank you for the advice so far. I will update with the outcome next week.

I was charged with "disobey sign: HTA 182(2)". I did quickly tell the prosecutor I'd plead guilty right away to any charge not under the HTA but she rejected that out of hand. Next week I'll try to be more specific and bring up the section of the TMC.

Thank you for the advice so far. I will update with the outcome next week.

HMRCAF
Newbie
Newbie
Posts: 10
Joined: Wed May 25, 2016 11:58 am

Re: Disobey Sign: Illegal Right Turn

Went to court today, here's how it went down: - Came to court with a big envelope of photos and other evidence - Asked prosecutor for a plea to TMC. She declined. - During a recess the cop approached me and asked if I was sure to come to trial. I said yes and he asked if there's any way I'd plead guilty, to which I said only to a plea under the TMC. I told him the code 950-304. - Cop told me bylaw offences don't go on the driving record (at least, he said he's been a cop for 14 years and has never seen one) - Cop went to talk to the prosecutor, and then to one of the paralegals hanging around. - Came back and said the prosecutor agreed to amend the charge to TMC. Also said the paralegal agreed that he has never seen a bylaw offence on a driving record. - When my turn was called I pled guilty but something strange happened. The prosecutor said that the change does carry demerit points but they won't appear on the record. - Judge, clerk, cop and I were all confused. If they don't appear on the record, then how does anyone know they exist? - Nobody could really answer that question - I could've gotten an adjournment but as I'm leaving the country in 10 days I decided to just plead guilty to the TMC offence and hope for the best. - Fine was $65 including fees, under a bylaw instead of HTA. There shouldn't be anything on my driving abstract, the only question is what will happen to these two phantom demerit points...?

Went to court today, here's how it went down:

- Came to court with a big envelope of photos and other evidence

- Asked prosecutor for a plea to TMC. She declined.

- During a recess the cop approached me and asked if I was sure to come to trial. I said yes and he asked if there's any way I'd plead guilty, to which I said only to a plea under the TMC. I told him the code 950-304.

- Cop told me bylaw offences don't go on the driving record (at least, he said he's been a cop for 14 years and has never seen one)

- Cop went to talk to the prosecutor, and then to one of the paralegals hanging around.

- Came back and said the prosecutor agreed to amend the charge to TMC. Also said the paralegal agreed that he has never seen a bylaw offence on a driving record.

- When my turn was called I pled guilty but something strange happened. The prosecutor said that the change does carry demerit points but they won't appear on the record.

- Judge, clerk, cop and I were all confused. If they don't appear on the record, then how does anyone know they exist?

- Nobody could really answer that question

- I could've gotten an adjournment but as I'm leaving the country in 10 days I decided to just plead guilty to the TMC offence and hope for the best.

- Fine was $65 including fees, under a bylaw instead of HTA. There shouldn't be anything on my driving abstract, the only question is what will happen to these two phantom demerit points...?

jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

Re: Disobey Sign: Illegal Right Turn

Well that is good that you got it dropped to TMC charge. Maybe check your driving record in 1 or 2 months and let us know what, if anything, appears on it. Will interesting to see.

Well that is good that you got it dropped to TMC charge.

Maybe check your driving record in 1 or 2 months and let us know what, if anything, appears on it. Will interesting to see.

+++ This is not legal advice, only my opinion +++
HMRCAF
Newbie
Newbie
Posts: 10
Joined: Wed May 25, 2016 11:58 am

Re: Disobey Sign: Illegal Right Turn

Addendum: After the arraignment I went down to the prosecutors office and explained my situation to someone there (a clerk, possibly). He was also confused and called over a prosecutor who apparently knew more on the matter. That prosecutor said that oftentimes demerit points might appear on the abstract with no associated charge in cases like this, but he agreed that it rarely happens since it's up to the city to communicate these convictions to the MTO which they're often too busy to do. He also said that in some cases there is a generic "bylaw offence" listed on the record but he hasn't seen anything like that in a long time. In any case he suggested I check my driving record in month or so. I hope nothing'll come up (otherwise, I might as well have went to trial, lol)

Addendum:

After the arraignment I went down to the prosecutors office and explained my situation to someone there (a clerk, possibly). He was also confused and called over a prosecutor who apparently knew more on the matter. That prosecutor said that oftentimes demerit points might appear on the abstract with no associated charge in cases like this, but he agreed that it rarely happens since it's up to the city to communicate these convictions to the MTO which they're often too busy to do.

He also said that in some cases there is a generic "bylaw offence" listed on the record but he hasn't seen anything like that in a long time.

In any case he suggested I check my driving record in month or so. I hope nothing'll come up (otherwise, I might as well have went to trial, lol)

Similar Topics