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disobey U turn - pulled into a driveway
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PostPosted: Tue Apr 10, 2012 7:06 pm 
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I recieved a ticket for 'disobey sign' for a no U turn sign, but I didn't make a U turn. I turned left at the lights, drove a short distance down a small street and pulled right into a private driveway. I waited until the the street way clear of cars and then backed out of the driveway and drove in the other direction. Police officer said that turning around in a driveway was the same as making a U turn. Is this true???


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Re: disobey U turn - pulled into a driveway
PostPosted: Wed Apr 11, 2012 7:34 am 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
did this driveway have "no u-turn" signs along it?

legally you are allowed to do an u-turn anywhere unless it's prohibited by signage and if it doesn't conflict with the following:

http://www.e-laws.gov.on.ca/html/statut ... .htm#BK221

Quote:
U-turns prohibited

143. No driver or operator of a vehicle upon a highway shall turn the vehicle so as to proceed in the opposite direction when,
(a) upon a curve where traffic approaching the vehicle from either direction cannot be seen by the driver of the vehicle within a distance of 150 metres;
(b) on a railway crossing or within 30 metres of a railway crossing;
(c) upon an approach to or near the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within 150 metres; or
(d) within 150 metres of a bridge, viaduct or tunnel where the driver’s view is obstructed within such distance. R.S.O. 1990, c. H.8, s. 143.


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Re: disobey U turn - pulled into a driveway
PostPosted: Wed Apr 11, 2012 8:45 am 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
Based on you description I would say no, you did not make a u-turn.


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Re: disobey U turn - pulled into a driveway
PostPosted: Thu Apr 12, 2012 9:15 pm 
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Location: Toronto
I'd fight this one for sure.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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Re: disobey U turn - pulled into a driveway
PostPosted: Fri Apr 13, 2012 11:12 am 
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Driving into a private driveway and backing out and driving in the opposite direction is considered a U-turn? This is news to me.


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Re: disobey U turn - pulled into a driveway
PostPosted: Fri Apr 13, 2012 11:45 am 
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If the officer thinks that's a U-turn, he'll find out that pretty much no one else believes that when it goes to trial... If the Prosecutor doesn't withdraw it first.

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Re: disobey U turn - pulled into a driveway
PostPosted: Tue Apr 17, 2012 9:34 pm 
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Thank you for your responses. I have requested a trial date. Do I need a lawyer for such a minor charge or can I just go and explain my story?


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Re: disobey U turn - pulled into a driveway
PostPosted: Wed Apr 18, 2012 5:50 pm 
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Location: Toronto
You do not need a lawyer. If you are intimidated by the process, you could hire a paralegal. When you get your trial date, file a disclosure request (see "Courts and Procedure" on this website) and get the evidence against you. The only thing you should ask for are the officer's notes, and any video/photographic evidence if the Prosecutor intends to use it in court. Rehearse your testimony so you sound convincing - but be sure to be specific about what you did, and when. The officer's notes should tell you what he allegedly saw. If they do not indicate an actual U-turn, before trial go up to the Prosecutor, present the notes and ask "do you really want to go to trial on this, or do you want to withdraw it"?

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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