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Fail to yield to traffic on through highway (Collision)
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PostPosted: Sun Sep 26, 2010 3:37 am 
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I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my first accident and my truck wasn't drivable i called the cops and when she arrived she gave me a fail to yield ticket 136 (1) (b) because the other guy had the right of way and no stop signs on his way. I told her i understand that but we are three adults in the car and nobody saw this guy coming i'm sure he was speeding she told me do you have a radar to prove that he was speeding.

so my question is can I or would I fight this ticket?? the only thing I care about is my points now because everything went through insurance already.
Please help and sorry for the long story

Thanks for your cooperation


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PostPosted: Sun Sep 26, 2010 8:36 pm 
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Location: In YOUR rearview mirror!
even if the other vehicle was travelling 80km in a 50km zone, the vehicle without the stop sign still has the right of way...just sayin'

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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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PostPosted: Sun Sep 26, 2010 10:16 pm 
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Thanks for the reply

I know that im at fault and I don't have a problem with the fine amount i'm just asking would I have a good chance to save my points if i went with option three and got a trial??

Please advise


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PostPosted: Mon Sep 27, 2010 3:46 pm 
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I was in an accident where an old lady changed lanes into my van, was charged, and filed for court. I was Subpoena to court. I brought pictures of the damage to our vehicles that showed damage starting at her driver door back to rear bumper, proving I was directly beside her when she changed lanes. Obviously guilty, but the prosecutor offered her a plea. What ever they agreed on it was about the same fine but lesser points.

It is likely that they will offer you a plea deal. Worst case senario is they say no and you have to plead to the origional charge. Its worth the chance if you can spare the time to go to court.

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It's not what you know, it's what you can prove - Alonzo Harris (Denzel Washington) in Training Day


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PostPosted: Mon Sep 27, 2010 11:47 pm 
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beleafer81 wrote:
I was in an accident where an old lady changed lanes into my van, was charged, and filed for court. I was Subpoena to court. I brought pictures of the damage to our vehicles that showed damage starting at her driver door back to rear bumper, proving I was directly beside her when she changed lanes. Obviously guilty, but the prosecutor offered her a plea. What ever they agreed on it was about the same fine but lesser points.

It is likely that they will offer you a plea deal. Worst case senario is they say no and you have to plead to the origional charge. Its worth the chance if you can spare the time to go to court.


sorry for your accident and thanks for the reply, but as you said worst case scenario will be me paying the total fine and 3 points to my account.
So I have another question if it's $110 fine and three points and i lost the trial will there be any extra fine (court expenses) that i have to pay??


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PostPosted: Tue Sep 28, 2010 12:01 am 
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Traffic Law wrote:
Traffic tickets for Failing to Yield can become pretty complicated. I suggest you consult with a traffic ticket paralegal. This charge carries 3 points and depending on where this occurred you may not get a favorable resolution.


Thanks for the reply, I thought about consulting with a paralegal but i don't wanna end up paying more money and still my insurance will go up. well the accident happened in Mississauga I don't know if it's gonna make any difference (First ticket and First accident).
would I pay more money if i lost the trial??


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PostPosted: Tue Sep 28, 2010 1:41 am 
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someone wrote:
beleafer81 wrote:
I was in an accident where an old lady changed lanes into my van, was charged, and filed for court. I was Subpoena to court. I brought pictures of the damage to our vehicles that showed damage starting at her driver door back to rear bumper, proving I was directly beside her when she changed lanes. Obviously guilty, but the prosecutor offered her a plea. What ever they agreed on it was about the same fine but lesser points.

It is likely that they will offer you a plea deal. Worst case senario is they say no and you have to plead to the origional charge. Its worth the chance if you can spare the time to go to court.


sorry for your accident and thanks for the reply, but as you said worst case scenario will be me paying the total fine and 3 points to my account.
So I have another question if it's $110 fine and three points and i lost the trial will there be any extra fine (court expenses) that i have to pay??




Nope. they include that in the fine when you are chaged. Should be the same whether you pay the ticket or lose at trial.

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It's not what you know, it's what you can prove - Alonzo Harris (Denzel Washington) in Training Day


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PostPosted: Tue Sep 28, 2010 1:55 am 
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beleafer81 wrote:
Nope. they include that in the fine when you are chaged. Should be the same whether you pay the ticket or lose at trial.


Good to know, so option 3 it is.

Thanks a lot


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PostPosted: Tue Sep 28, 2010 12:34 pm 
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Yes, you may pay more if you loose at trial. The prosecution "may" ask for a higher fine at the conclusion of trial but it is seldom granted. This may depend on injuries, property damage, etc.


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PostPosted: Sat Oct 02, 2010 12:15 am 
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Couple of things to add...

Your insurance is going to increase regardless because this was an "at fault" collision according to the Fault Determination Rules (under the Insurance Act... sort of). The HTA conviction could raise your rates above that. The only way to avoid the demerit points is to either not be convicted, or plea-bargain to an offence that does not carry demerit points. However, IMO, it does seem as though the officer laid the correct charge.

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PostPosted: Fri Oct 29, 2010 7:13 pm 
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after stopping you can proceed if it is safe. If you gt hit it probably wasn't safe to go. To prove it was you have to prove it. That almost requires the use of an accident reconstructionist. You need to measure how far back you could see, point where you could see other vehicle approach (direction other vehicle came from) Measure time it took you to turn, from stop position to impact. Use that time to determine the speed of the other vehicle (time/distance formula). Compare speed to impact damage and any skid marks to complement your arguement.

Like I said, you need a reconstructionist


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