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Ontario Highway Traffic Act

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Failed to yield to traffic
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PostPosted: Fri Nov 28, 2008 3:39 pm 
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My step-father received a ticket under Sect 144(8), not yielding to traffic.
The intersection is with a highway, lights at all stops. Highway speed limit 90 kmh, speed of intersecting road 50 kmh.
When he arrived at the lights, they were flashing red all ways as the power was out in the area and was being treated as a 4 way stop.
The transport to his left proceeded through, next was his turn. He checked all ways, noticed there was traffic stopped in the turning lane and centre lane on his right (highway traffic) and as he proceeded through, a van in the outside lane to his right came through and he hit them causing his truck to be written off as well as suffering a broken wrist. Both people in the other vehicle were fine.
Intersection is very close to ambulance and fire trucks and someone was there within minutes (firetruck was actually going by on a way to a call just after it happened and stopped).
He was taken by ambulance to the hospital And did not get a chance to talk to anyone. He was notified a week later, he was being charged with failure to yield since the other driver had a witness that says the light was green for her.
He has spoken to the company in charge of operating the lights and there was a power outage at the time of the accident but the lights did reset themselves and started working on their own.
He explained this to the officer but to no avail.
Does this sound like he has a case? I think so, just looking for other opinions.
Thank you.


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PostPosted: Fri Nov 28, 2008 4:33 pm 
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Get the company working on the lights to put it in writing. There is no way a car starting from a stopped position at the lights could total another car it hits in the interesection. She blew the lights. It's possible the lights were so screwed up she had a green, but I doubt it. She blew the a flashing red. The companies work order is your proof.

Talk to someone from the fire hall, too. they would've noticed the lights out. Same as the ambulance crew.

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PostPosted: Fri Nov 28, 2008 5:24 pm 
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He has already been in contact with the company and now the MTO.
They are going to give him something saying the lights were out but the other driver has a witness that says the light was green.
I agree, even if the light had come back on while he was going into the intersection, there's no way she noticed it had been flashing red when two other vehicles were stopped going the same direction.
My step-father is a retired truck driver and the report he gave to the police had down to the detail, the types of vehicles (including colours), company and trailer type that had passed by or were stopped. He sees everything on the road, it amazes me.
Thanks for the input.


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PostPosted: Sat Nov 29, 2008 6:25 pm 
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In this case, since the other passenger is likely to be the witness, your father may raise doubt as to the witnesses' impartiality.

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PostPosted: Mon Dec 01, 2008 9:52 am 
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I think that even if the other car DID have a green, he has raised enough reasonable doubt as to the proper operation of the signals. It's reasonable to assume the lights were not functioning properly based on the evidence from the electrical company.

Definitely fight this one.

Here's how: (see STEPS at top)
http://www.ticketcombat.com


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