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Ontario Highway Traffic Act

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trucker needs help
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PostPosted: Wed Feb 04, 2009 9:48 pm 
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Hello, any help would be appreciated!!

I am a commercial truck driver that got a ticket on south service road in mississauga by peel police. As I left a No Frills grocery store that is at Dixie and the QE, I was unfamiliar with the area and wanted back on the QE. So when I left the No Frills I saw a sign that said QE toronto and I followed it. Sure enough their was a peel cop in a unmarked black charger parked on the side of the road who at the time already had another truck stopped also decided to pull me over. Anyway he gave me a ticket and seeing how he wants the OT told me to take it to court and he would help me out.

I am meeting with the courts"first attending" meeting to maybe get a lesser charge what would the lesser charge be??

Is there any truth to the bilingual argument that I read about on this site???

Any HELP would be HUGELY appreciated.


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PostPosted: Wed Feb 04, 2009 11:38 pm 
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Location: Toronto
The bilingual argument works if the sign is not bilingual and you happened to be in a "designated bilingual area." Mississauga IS a designated bilingual area. What sign specifically were you ticketed for disobeying? I'm assuming it was a "no trucks" sign... actually I sort-of know the area. If there were no written words on it, bilingual argument won't work (pictogram only is a bilingual sign). If it did have any writing on it but was English only, yes, it will work. That's one way of doing it... you'll need to cite the case R. v. Myers and the French Language Services Act in doing so, plus take a photograph of the sign.

If you want to get the charge reduced, one idea might be to try to get "Fail to Proceed as Directed." That's NOT the much more serious offences of fail to stop for police or fail to obey the directions of a police officer. Courts in Toronto are currently taking that as an alternative plea to "disobey sign." Perhaps some of the others here could verify, I believe fail to proceed as directed has 0 demerit points and a $60 set fine, plus the victim surcharge. That's another approach.

Do you get penalized for any traffic tickets by your company?


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PostPosted: Thu Feb 05, 2009 12:10 am 
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Joined: Wed Feb 04, 2009 9:37 pm
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Fantastic help, thank you. As far as the sign goes I do not know if their was any writing on it. The cop that got me told me that all he did was park and give out tickets.

remarkably my company will pay the fine I just do not want to lose any points, I really appreciate your help.


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PostPosted: Thu Feb 05, 2009 1:01 am 
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Location: somewhere in traffic
What sign did you disobey????

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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