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Ontario Highway Traffic Act

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failure to obey lane sign - Fine $110
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PostPosted: Fri May 29, 2009 6:05 pm 
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Hi,

I was southbound on Keele St and made a left turn onto Quinan Dr (just before Lawrence Ave). There were no cars coming northbound and just after I made the turn I was pulled over. I was told that there was no left turn between 7am - 9am. I made the turn at 8:27 am. I really didn't see the sign posted. The officer told me that I should take it to court. I did go and plead not quitly and requested a trial on March 11/09. They told me I should receive a trial date in about 6 months in the mail (Sept 11/09).

Do I stand a chance of winning the court case? Is the fine charged correct? I've been driving for over 30 years and I've never had a traffic fine or accident.

Any suggestions would be greatly appreciated!

Thanks,
Anna


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PostPosted: Sat May 30, 2009 12:08 am 
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Joined: Thu May 28, 2009 10:55 am
Posts: 68
Location: Toronto, Ontario
Anna,

You stand a very good chance of winning! You were very smart to challenge the ticket and take it to court.

The law states that in the City of Toronto (and many other areas in Ontario), signs must be bilingual. However, most signs are NOT. YOu need to go back to the intersection and look at the sign. If it is in English only, you are in luck! Take a picture (with time stamp) to use as proof in court.

See here: http://www.ontariohighwaytrafficact.com ... ual%20sign

Here's another excellent link for information on the "bilingual defence":
http://www.ticketcombat.com/step5/bilingual.php

The other way to possibly win this case is through disclosure. The prosecution must provide you with a certified copy of the bylaw. If they don't, you ticket is history! See here for more info:
http://www.ontariohighwaytrafficact.com/topic1030.html

Don't be intimidated. This forum is an excellent place to learn!

Good luck.


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failure to obey lane sign - Fine $110
PostPosted: Sun May 31, 2009 9:56 am 
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Joined: Fri May 29, 2009 5:40 pm
Posts: 3
neo333 wrote:
Anna,

You stand a very good chance of winning! You were very smart to challenge the ticket and take it to court.

The law states that in the City of Toronto (and many other areas in Ontario), signs must be bilingual. However, most signs are NOT. YOu need to go back to the intersection and look at the sign. If it is in English only, you are in luck! Take a picture (with time stamp) to use as proof in court.

See here: http://www.ontariohighwaytrafficact.com ... ual%20sign

Here's another excellent link for information on the "bilingual defence":
http://www.ticketcombat.com/step5/bilingual.php

The other way to possibly win this case is through disclosure. The prosecution must provide you with a certified copy of the bylaw. If they don't, you ticket is history! See here for more info:
http://www.ontariohighwaytrafficact.com/topic1030.html

Don't be intimidated. This forum is an excellent place to learn!

Good luck.


Thanks so much for the info. Should I wait for a court date before requesting disclosure?


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PostPosted: Sun May 31, 2009 12:05 pm 
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Location: Toronto
Request disclosure as soon as possible. It can take 6-8 weeks in Toronto for a disclosure package to be put together. One of the objectives with disclosure is actually not to get it (or part of it, as neo333 was saying), because that opens the door for you to file an application for a stay. Don't specifically ask for the by-law, just an "explanation and clarification" of the charge. Send your disclosure request via fax or registered mail, and keep your receipt. If they fail to give proper disclosure, make a second request, and again keep your receipt. Two attempts at receiving disclosure should be sufficient.


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failure to obey lane sign - Fine $110
PostPosted: Tue Jun 16, 2009 5:52 am 
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Radar Identified wrote:
Request disclosure as soon as possible. It can take 6-8 weeks in Toronto for a disclosure package to be put together. One of the objectives with disclosure is actually not to get it (or part of it, as neo333 was saying), because that opens the door for you to file an application for a stay. Don't specifically ask for the by-law, just an "explanation and clarification" of the charge. Send your disclosure request via fax or registered mail, and keep your receipt. If they fail to give proper disclosure, make a second request, and again keep your receipt. Two attempts at receiving disclosure should be sufficient.



I just received my Notice of Trial - it's set for Feb 23 2010. I received the ticket on March 3/09. Is this a reasonable time frame?

Thanks,
Anna[/quote]


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PostPosted: Tue Jun 16, 2009 10:03 am 
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Joined: Mon Apr 28, 2008 2:23 pm
Posts: 150
The time frame is within the guide line of "unreasonable delay" for a s11(b).

If you are going for s7 (improper disclosure) for a stay, an additional s11(b) will strengthen the application.


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