Ontariohighwaytrafficact.com

Hi there

Two days ago, I was exiting the 401 ramp on the highway and then entered on the highway ramp again. There is no sign indicating that you CANNOT go through? There are lane markings and a sign with the lane marking, and I was in the middle lane with the arrows pointing left and right. so I made a left and signaled right immediately and merged into the ramp.

The police officer charged me with Disobeying a sign (182.2). My husband and father went back to the scene and there is no sign erected saying cannot go through?

Can I fight this? I have never received a ticket, and was quite upset when this happened? I've seen people doing this all the time over the past 15 years? I also know a cop sits on the ramp, but I always thought it was to catch speeders as there are speeders there?

Should I have been charged under 182.2 or 154? Is a lane marking considered to be a sign? Is it "erected" since its on the road?

With thanks

If there's no sign, you have been charged with the incorrect offence. You should have been charged with disobey lane marking. It's an entirely different offence. A lane marking is not a sign.

I'd choose option 3 (trial) and file the Notice of Intent to Appear to get started.

what intersecting road were you at? What direction were you travelling?

When you get a ticket to when the court date is? If its over a year, is it just thrown out of court? I've heard that people have received trial dates for 2.5 years AFTER receiving the ticket?

There is no specific time frame, however if you feel it has been too long you can make an application to have the charges stayed since your right to a speedy trial has been violated. Then the judge decides if it has been too long.

Generally you're looking at over 11 months delay for a good shot at the charge being stayed.

karent wrote:

I've heard that people have received trial dates for 2.5 years AFTER receiving the ticket?

if i understand correctly demerit points are via the offence date, only stay on for 2 years, so would not collect points.

I was charged with Failing to obey a sign earlier this year. I just got my notice that my trial is mid 2011. How do I file for disclosure?

Also, at the bottom of the paper, it has check marks to show whom all got this notice-- the procecutor, but it didn't have a tick besides the OPP's name?

Does that mean he does not know and possibly won't show?

thanks! I'm new to all this.

Check this link out http://www.ontariohighwaytrafficact.com/topic2959.html

Thank you!

Quotes moved over from a resurrected thread -

HB

HTA Moderator

Moo wrote:

karent wrote:

Hi everyone,

I'm writing up my request for disclosure. I've been charged with Fail to Obey Sign. I've never done this before and am using the letter from ticketcombat's website.

I have a couple of questions:

1) what's a diary date?

2) What info should I request for my charge? I know we have to modify the letter to suit our charge, but I have no idea what all I need??

thanks

I think diary date is the date that they're supposed to get your information by. In any case, just go with the recommended 3 weeks. You should probably at least ask for the officer's written notes, your police statement (if any), and witness statements (probably none in your case). Just think of all the information you would need to poke holes at the officer's case.

I hope that helps a bit.

Thank you.

When you say police statement, is that what I said to the officer when he pulled me over? Gosh, all these tems confuse me.

don't sweat it karent, too many people ask for irrelevant items and items they have no clue of what they are asking for. Here is a simple guide over on this thread

http://www.ontariohighwaytrafficact.com/topic2959.html

Thanks so much hwybear! I wrote my disclosure and will send it this weekend. I gave the diary date as three weeks from Monday.

One mre thing: Do I have to include my phone # on the disclosure request, or can I just leave it at my address?

Thanks

I'd leave the phone # in. If they fail to provide the disclosure, if you provided your contact information and asked them to contact you if more detail/info is needed, this helps... particularly in front of the JP.

I've written my disclosure letter. On the envelope, who do I address it to? Do I just put the courhouse address? Or do I address it to the prosecutor?

thanks!

Call your courthouse and ask. Different jurisdictions do administrative things differently. # should be on the back of the ticket.

So I had my trial and I decided to plea not guilty. The judge said that he'd have to have me come back as there is no time for my trial today. So, he's set a trial date for me. From the date I got charged, to the date of my trial will be 19 months. Can I file for an 11b? An 11b is where my right to a speedy trial has been violated right? Is it better to do that, than fight the charge ?

to find out about highway signs in Toronto? I want to find out what the intention of a sign found on the exit ramp of the 401, as it is very confusing?

That's probably some branch of MTO. I don't think it's they city's responsibility to erect signs related to the Highway Traffic Act.

You do both. Usually you file the 11(b) and it is scheduled to be heard the day of trial. So if you're unsuccessful with that, the trial proceeds as normal. If they can't fit it in on the day of, they will schedule it for an earlier date to be heard separately. Again, if you lose then, trial proceeds as normal.

Also would like to mention... if the 11B fails (which, in your case, is unlikely if the paperwork is properly done) the Prosecutor may still offer to resolve it without a trial on the actual charge itself. With the back log in the Toronto court system, if the Prosecutor sees an 11B motion and it is 19 months delay, you're looking at a very good chance they will simply withdraw. Just make sure that you order court transcripts from your appearance today, and include them in your 11B filing.

Thank you Simon and Radar Identified.

So I just want to make sure. I went to court and they asked me how I would plea. I said, "not guilty". The judge says that there is no time to hear the case, and I'd have to come back x date. So the OFFENCE committed date to my trial date is a total of 19 months. So that's grounds for an 11b right?

Also how do I order court transcripts?

19 months delay is likely grounds for an 11(b) if the delay is attributable to the crown or institutional. Procedure for ordering transcripts varies from jurisdiction to jurisdiction. You'll have to contact them for more info.