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Fail to Yield from Private road under 139(1). Options?
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PostPosted: Mon Oct 18, 2010 12:49 pm 
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I recieved a ticket for Failing to yield from a private driveway or road as part of an accident I was in over the weekend. In speaking to X-Copper/Pointts type people etc., they said they could get the ticket knocked down to a by law, which would not effect my license. I would like to avoid spending $400-500 on a paralegal if I can do this my self.

My questions are:

1. which by-laws might apply
2. Under what grounds to apply for that to happen
3. Do I just make an appointment with the crown and try to get it knocked down?

Thanks for any of your help.


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PostPosted: Mon Oct 18, 2010 3:55 pm 
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That is pretty interesting statement

Quote:
they said they could get the ticket knocked down to a by law
.

I assume there was a collision? In my 10 years of "arguing" trials i would not be able to advise you on availability of the resolution to a By-Law charge unless prosecution really does not have a case (why would you plea then). In most jurisdictions resolution may be limited to a reduction or ellimination of demerit points but still a plea to a minor offence.

The representative you consulted. Did he/she review disclosure documentstion? Spoke to prosecutor re: this case? Anything? Or was it a bald statement.....


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PostPosted: Mon Oct 18, 2010 4:15 pm 
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There was a collision. I was pulling from a parking lot, across three lanes (slow lane, fast lane, and a turning lane), and into the left hand lane of a busy street. The traffic was heavy, and I had been given the wave to come across the first two lanes. I checked the middle turning lane twice before starting to pull across it. My nose was out a bit, and there was a collision (I was coming to a stop, and she was moving). I spoke to 4 ticket people in total, and although it seems unlikely that I would just be let off (unless the cop did not show), I was told by all 4 that that charge would be reduced. At least two of them made mention of reducing the charge to a by-law offense, which would not affect my license. There is a witness who saw the aftermath, and one other person involved. Know one was hurt, and I am looking at 3-4k in damages. I had a following too closely and a under 14kph speeding tickets about 2.5 yrs ago (otherwise good record for many years). The report is not available yet, and the paralegals have not seen it. Is it a possibility in this case to get a fail to yield ticket knocked down to a by-law infraction?


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PostPosted: Mon Oct 18, 2010 5:32 pm 
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Based on your explanation of the events, this charge should be beaten in court. I would not consider ANY plea. Read the legislation (charging section).


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PostPosted: Wed Oct 20, 2010 8:55 am 
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How could it be beaten. I am trying to avoid spending $400-500 for a paralegal, at a time when I have a lot going on.


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PostPosted: Wed Oct 20, 2010 10:00 pm 
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Charge might be beatable, but you'd really have to do your homework. As for a by-law infraction, this would be obtained by plea-bargaining on the day of trial. If you offer to plead guilty to a by-law infraction, in exchange, they'd drop the charge of faling to yield (or at least that's the theory).

Here's section 139 (1) of the Highway Traffic Act:

Quote:
Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard. R.S.O. 1990, c. H.8, s. 139 (1).


Seems like everyone stopped, you got waved across, creeped forward into the turning lane where collision occurred... right? If so, you did yield to traffic, but may have stuck the nose of your car a little too far out. How quickly were you moving toward that turning lane? How far did the nose of your car go into the lane before the collision occurred?

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Sun Oct 24, 2010 9:24 am 
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This charge is not "might be beatable" it "is" beatable. As I mentioned in the previous post read legislation.


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PostPosted: Sun Oct 24, 2010 1:05 pm 
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Traffic Law wrote:
This charge is not "might be beatable" it "is" beatable.


Semantics.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Fri Oct 29, 2010 7:04 pm 
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Semantics it is. Court is *EDIT* shoot. If you are on the roadway and have "possession" then others must yield to you. If you are deemed to be "entering", then you must yield. Take a copy of the Demerit Point regulation. Many by-laws still have demerits as they get thir authority from the HTA


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