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Ontario Highway Traffic Act

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No U-Turn Ticket help!
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PostPosted: Mon Apr 27, 2009 4:01 pm 
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I was driving southbound on Brimley in Toronto. On the south-east corner of Brimley and Ellesmere is a Tim Horton place. As I went through the intersection, I signaled to make a left turn into the Tim's. There was a no U-Turn sign on the island but it didn't appear to be a U-turn. On top of that, the sign isn't greatly visible as you come southbound. Even if you were to obey the sign, you tend to see it at the last few seconds. It was quite confusing. The turn is a left into the Tim's. It wasn't a turn so I could head back on the northbound side. What complicates it further is that the Tim's entrance is side-by-side to an apartment driveway. As I turned into the Tim's, the officer was sitting in the Tim Horton's lot where she stopped and ticketed me.

Can anyone offer any suggestion on beating this? Much appreciated.
LK

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PostPosted: Mon Apr 27, 2009 5:26 pm 
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If you were charged with "disobey sign," it's beatable. I know the area. Is this the Tim Horton's that is adjacent to a Mac's and across the street from Petro-Canada? If so, I don't recall any "no left" turns. First and foremost, send the ticket in with the "not guilty" option checked off and set up a trial. Go back and take photographs of the intersection and the area with a time-date stamp on them. Print them off. Next, make a disclosure request (simple faxes should do it), asking for the officer's notes and an explanation & clarification of the charge. They need to send you a certified copy of the by-law erecting the "no U-turn" sign. If they don't send it to you in the disclosure package, you can file a motion for a stay based on improper disclosure.

If it goes to trial, ask the officer what sign you allegedly disobeyed. Ask if there are any "no left turn" signs. You can present photographs of the intersection showing that there are none and then show what you did. If the officer was sitting in the Tim Horton's lot, behind the Mac's, how the heck did she observe you make a U-turn on Brimley? I think the officer may have thought there was a "no left turn" sign. If so, the photographs should be enough to get it tossed. If you didn't make a U-turn, then it should be no big deal. Regardless, the "improper disclosure" tactic should be your first plan of attack.


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