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Thornhill - Bathurst and Clark - Disobeying sign 182(2)
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PostPosted: Sat Jan 23, 2010 7:00 pm 
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Hello everyone,

Wondering if I may have a case or argument for this.

Location: Bathurst and Clark.
Season: Winter 2008 / Snowing

I was driving from the 407 southbound down Bathurst St. I was approaching Clark and was in the very right lane needing to go to the Sunoco gas station, so I proceded through the intersection and was going to make the immidiate right into the gas station entrance, until I was stopped by an officer.

I was charged with Disobey Sign - 182(2) as there was a sign on Bathurst St. on the North side of Clark stating "RIGHT LANE MUST TURN RIGHT". The sign is posted / hung on a hydro pole, but several meters before the intersection.

If you drive from the right lane and cross the intersection, there's still a right lane, which includes a bus stop as well as the entrance to the gas station. This right lane ends and eventually merges with the left lane.

Second, I felt as if it would have been the safest approach to go to the gas station as if I had stayed in the left lane, gone through the intersection, it would have given me NO time at all to cut through 2 lanes to make it into the gas station, in which at the same time, a car driving east bound on clark, making a right turn could possibly strike a driver wanting to go to the gas station the "legal way".

Question, how far can a sign be posted to apply as a rule in a specific location? For example, I'm assuming that same sign can't be applied 1 km before that intersection for me to know that? So is there anywhere in the that states that?

Do I have any other argument for this? Regardless of the "safer approach to go to the gas station" I still disobeyed the sign posted across the intersection.

Anyone?


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PostPosted: Sat Jan 23, 2010 8:28 pm 
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Posts: 2933
Location: In YOUR rearview mirror!
clarity for others from google maps

SB on Bathurst prior to Clark
- designated left turn lane
- L1 straight thru
- L2 straight thru
- designated right turn lane (right turn pavement markings, yellow sign "right lane exits", regulation black/whi right turn arrow)

SB on Bathurst after Clark
- L1 straight thru
- L2 straight thru
- merge lane (approx 100m) long

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Thornhill - Bathurst and Clark - Disobeying sign 182(2)
PostPosted: Sat Jan 23, 2010 9:03 pm 
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Location: In YOUR rearview mirror!
Dovaleh wrote:
Wondering if I may have a case or argument for this.

Location: Bathurst and Clark.
Season: Winter 2008 / Snowing


think its a little too late for any arguement?

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Last edited by hwybear on Sat Jan 23, 2010 9:16 pm, edited 1 time in total.

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PostPosted: Sat Jan 23, 2010 9:05 pm 
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I haven't had my court yet. Its on Feb. 18th (less than a month from now).


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PostPosted: Sat Jan 23, 2010 11:34 pm 
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Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
You have an excellent chance of having the charge stayed if you make a proper 11B argument - dismiss the charge based on delay, instead of proving that point in court.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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