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Ontario Highway Traffic Act

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Section 182(2)
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PostPosted: Wed Feb 04, 2009 8:45 pm 
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Joined: Wed Feb 04, 2009 8:41 pm
Posts: 1
i was coming out of the keg on to east beaver creek rd, and made a u-turn after the island there because i did not see the sign.

the officer told me that he would "help me" if i took the ticket to court.

my law teacher said this means he won't show up.

do i have a chance?
what do i do?


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PostPosted: Wed Feb 04, 2009 11:49 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
You might have a chance, nothing's guaranteed though. Lately around the GTA, some officers have been saying they will "help you" if you take it to court. Could mean anything. They are tending to show up more often than not, although in one previous incident mentioned on this website, an officer with the Peel Police said similar stuff, showed up for the court date and then (accidentally I'm sure) provided the wrong notebook. :shock:

Couple of things... was your view of the sign blocked by something or did you just miss seeing it? Also, I'm assuming this happened in Richmond Hill, right?

Probably the most critical step, other than actually setting up to fight the ticket (get the court date, etc) is to request disclosure so you can get the officer's notes; also ask for an "explanation and clarification of the charge." You might've read about the bilingual defence... unfortunately York Region is NOT a designated bilingual area so even if the sign is English only I don't think that will help.


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PostPosted: Thu Feb 05, 2009 11:19 am 
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Location: Toronto
Usually u-turn signs don't actually have any words on them so there won't be a "language" issue.

You were charged under s.182 not s.143 (u-turns) which means the sign was erected by municipal by-law as opposed to a "natural" no u-turn under s. 143.

- So disclosure should produce the certified copy of the by-law, if not, argue improper disclosure.
- the sign must be erected in accordance with Reg 615, a total long shot that there is something wrong with the sign but you might try the 60m visibility argument under s.45 of the reg. (it must be visible at all times, that means night time too!)
- I agree with your teacher, it sounds like he won't show up or will help you work out a deal with the Crown.

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