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Disobey Sign
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PostPosted: Tue Jun 07, 2011 7:34 am 
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On Chirstmas Eve I was given a ticket for the offence of "Disobey Sign" for changing lanes on a road where there were a number of signs indicating that the right lane must exit. I was driving in the right lane when I noticed the signs, but the left lane was full of stopped cars. I was moving and there were cars behind me so I didn't want to slam the brakes down right away. I looked on the road in front of me and there was a single broken line separating the lanes so I slowed down, put my signal on and another car in the left lane let me in. I changed lanes before I made it to the intersection and crossed a single broken line. A few minutes later I was pulled over and given a ticket for that.

I now have a few questions that I am hoping someone can answer :

1) Is one required to remain in the lane at the point when the sign indicating that the lane turns is visible, or is there some other defined point at which you must remain in the lane? In other words - if you can see the sign does that mean that you are stuck in the lane turning?

2) I always thought that a single broken line indicates that it is legal to change lanes in either direction, provided it is safe to do so. Is that not true?


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Re: Disobey Sign
PostPosted: Tue Jun 07, 2011 4:49 pm 
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Re #2: painted lines (solid or broken) are advisory only and have no legal effect.

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Re: Disobey Sign
PostPosted: Tue Jun 07, 2011 9:08 pm 
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It really would depend on how close you are to the intersection. If you still had a reasonable amount of time to change out of that lane, didn't really hold up traffic that much in doing so, and you made a reasonable effort to comply after you saw the sign, I don't see an issue. Where "disobey sign" would really be provable in your case is if you drove down the right lane, reached the intersection, and then drove straight.

Oh, one question: Was the sign one with a yellow background and black lettering that said "RIGHT LANE EXITS," or was it black and white with painted arrows?

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Re: Disobey Sign
PostPosted: Sun Jun 19, 2011 7:25 am 
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Radar Identified wrote:
It really would depend on how close you are to the intersection. If you still had a reasonable amount of time to change out of that lane, didn't really hold up traffic that much in doing so, and you made a reasonable effort to comply after you saw the sign, I don't see an issue. Where "disobey sign" would really be provable in your case is if you drove down the right lane, reached the intersection, and then drove straight.

Oh, one question: Was the sign one with a yellow background and black lettering that said "RIGHT LANE EXITS," or was it black and white with painted arrows?


The sign was one with black lettering and a yellow background.

http://maps.google.ca/maps?hl=en&ie=UTF8&ll=43.865692,-79.257667&spn=0,0.001765&z=19&layer=c&cbll=43.865786,-79.257962&panoid=O60oa08ButyfLWh1dHWoZw&cbp=12,7.24,,1,2.68


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Re: Disobey Sign
PostPosted: Sun Jun 19, 2011 8:55 am 
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Location: Ontario
The two yellow signs are just advisory ones, meaning there is no real legal obligation to obey them. However between the two yellow signs in your link, there is the black square sign with a white arrow, which does legally mean the lane is right turn only.


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Re: Disobey Sign
PostPosted: Mon Jun 20, 2011 6:52 pm 
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I asked for disclosure so I could see what the officer had written in his notes and in my request I stated that I would like any hand-written notes to be typed out. I received a telephone message on Friday, stating that disclosure was ready to be picked up. Today (Monday) I picked up the disclosure. All there was in the disclosure was a copy of the Notice of Trial, a copy of my Request for Disclosure and a photocopy of the officer's notes. I cannot clearly read the officer's notes and there was no typed out version, so I really have no idea what they say. Now I am wondering - how can I prepare for trial when I can't even read the evidence?


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Re: Disobey Sign
PostPosted: Wed Jun 22, 2011 3:20 pm 
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You could file another request asking for an explanation and clarification of the notes, because you cannot read them. That's what I would do, anyway...

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Re: Disobey Sign
PostPosted: Thu Jun 23, 2011 7:05 pm 
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Radar Identified wrote:
You could file another request asking for an explanation and clarification of the notes, because you cannot read them. That's what I would do, anyway...


I would like to thank everyone for your replies. I will file another Request for Disclosure, but since I already asked specifically in my first request that any handwritten notes be typed out and there was no compliance I am not optimistic that it will happen. In the event that they do not provide me with what I have asked for how does the court normally deal with situations where an individual has not been provided with adequate disclosure to prepare for trial?


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Re: Disobey Sign
PostPosted: Fri Jun 24, 2011 11:09 am 
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Just be aware that on many first requests typed notes are not granted. The request is time consuming and everyone asks for them before they've even seen the notes. If you can now honestly say the notes are illegible, file a second request explaining this. If the request isn't granted, you'll have to address this issue to the Courts.


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