Hi, I posted on Improper Left Turn forum the following, but am wondering now if it was the wrong forum and if this is actually a 3 demerit point ticket. FYI on the Improper Left Turn forum there was discussion on whether this is the wrong charge as D1 was turning into a parking lot / driveway (note that it is a signalized intersection/"driveway" and there is a road opposite the driveway) I'm not posting here to try again per se, but I just came across something on Ticket Combat that lists 141 (5) as a 3 demerit point infraction, not 2. Well, thanks for any help. "Hi folks, hoping you can help me determine if it is correct that Driver 1 (D1) is 100% at fault, or if Driver 2 (D2) is at fault too: D1 traveling westbound enters intersection to cross two lanes to make left into a single lane southbound (both eastbound and westbound have left turn lanes in addition to two lanes of flowthrough traffic). Coming the opposite way is D2 in the outside lane. D1's vehicle gets hit on passenger side by D2's vehicle. D1 gave following evidence to police officer at the scene: "I was westbound in left turn lane, signal on, light was green, I wasn't going fast. Thought it was clear, I went, [D2] was too fast." Police had notes at end of D1 statement: No injuries, P/S airbag deployed. No witnesses. Sunny, dry. (seems like it is written as part of D1's statement, but D1 didn't say "Sunny, dry" and we're not sure D1 would have said 'no witnesses' - D1 can't remember this. D2 gave following evidence to police officer at the scene: "I was eastbound in outer lane, 55 km/hr, saw car turning, I slowed down, [D1] still didn't turn, blocking my way, slammed on my brakes before intersection, I hit [D2]. Green light all the way." Witness (in nearby store on south side) gave following evidence at the scene: "A vehicle was travelling west turned south into store's parking lot right into the path of a vehicle travelling east. The eastbound vehicle impacted the passenger side of the left-turn car and air bags were deployed. The two cars ended up almost side by side. Both vehicles moved their cars into the store's parking lot and waited for police." D1 was charged with 'Left turn failure to afford reasonable opportunity to avoid collision' and 100% at fault. I believe this is 2 demerit points. "
Hi,
I posted on Improper Left Turn forum the following, but am wondering now if it was the wrong forum and if this is actually a 3 demerit point ticket. FYI on the Improper Left Turn forum there was discussion on whether this is the wrong charge as D1 was turning into a parking lot / driveway (note that it is a signalized intersection/"driveway" and there is a road opposite the driveway) I'm not posting here to try again per se, but I just came across something on Ticket Combat that lists 141 (5) as a 3 demerit point infraction, not 2. Well, thanks for any help.
"Hi folks, hoping you can help me determine if it is correct that Driver 1 (D1) is 100% at fault, or if Driver 2 (D2) is at fault too:
D1 traveling westbound enters intersection to cross two lanes to make left into a single lane southbound (both eastbound and westbound have left turn lanes in addition to two lanes of flowthrough traffic). Coming the opposite way is D2 in the outside lane.
D1's vehicle gets hit on passenger side by D2's vehicle.
D1 gave following evidence to police officer at the scene:
"I was westbound in left turn lane, signal on, light was green, I wasn't going fast. Thought it was clear, I went, [D2] was too fast." Police had notes at end of D1 statement: No injuries, P/S airbag deployed. No witnesses. Sunny, dry. (seems like it is written as part of D1's statement, but D1 didn't say "Sunny, dry" and we're not sure D1 would have said 'no witnesses' - D1 can't remember this.
D2 gave following evidence to police officer at the scene:
"I was eastbound in outer lane, 55 km/hr, saw car turning, I slowed down, [D1] still didn't turn, blocking my way, slammed on my brakes before intersection, I hit [D2]. Green light all the way."
Witness (in nearby store on south side) gave following evidence at the scene:
"A vehicle was travelling west turned south into store's parking lot right into the path of a vehicle travelling east. The eastbound vehicle impacted the passenger side of the left-turn car and air bags were deployed. The two cars ended up almost side by side. Both vehicles moved their cars into the store's parking lot and waited for police."
D1 was charged with 'Left turn failure to afford reasonable opportunity to avoid collision' and 100% at fault. I believe this is 2 demerit points. "
The wording of the charge and HTA section fit the situation, as this happened in a T-intersection. The wording of the section only requires the driver to be turning within an intersection, with no requirement to be turning onto a public road. Without the public road opposite the driveway, it could be argued that there is no meeting of public roads and thus no intersection as defined by the HTA, making the specific charge questionable - however this is not the case. By the way, I think you actually used "per se" properly. :D
burgersgirl wrote:
FYI on the Improper Left Turn forum there was discussion on whether this is the wrong charge as D1 was turning into a parking lot / driveway (note that it is a signalized intersection/"driveway" and there is a road opposite the driveway) I'm not posting here to try again per se, but I just came across something on Ticket Combat that lists 141 (5) as a 3 demerit point infraction, not 2. Well, thanks for any help.
The wording of the charge and HTA section fit the situation, as this happened in a T-intersection. The wording of the section only requires the driver to be turning within an intersection, with no requirement to be turning onto a public road. Without the public road opposite the driveway, it could be argued that there is no meeting of public roads and thus no intersection as defined by the HTA, making the specific charge questionable - however this is not the case.
By the way, I think you actually used "per se" properly.
This is a turning offence. HTA 141(5) is under turns. Yielding is a totally different section and not applicable. continue discussion on original thread. http://www.ontariohighwaytrafficact.com/topic1572.html this thread is now locked.
This is a turning offence. HTA 141(5) is under turns.
Yielding is a totally different section and not applicable.
Hello there, I noticed a similar post. I have a trial approaching and would like some advice in respect to my scenario.
Heres the setup:
Just finished an 18 hour night shift outside in the cold, I was not amuzed. So I leave to go home. I took 30 minutes to drive 8 km. Now Im just plain irritated. Tired yes, dangerously tired? No. Just irritable. Anyway after getting every light red, and stuck…
So I went on vacation and left my car parked outside my house, in a legal area, but facing the wrong direction. I am unable to park on the other side of the street in the right direction because there is a fire hydrant. I had no idea that I couldn't do this, I mean to me it doesn't make sense- who cares which way you park. There also is a…
Just wondering how the prosection goes about proving who was the driver at trial. If I tell the officer I was driving the black car is that sufficient proof or is that hearsay or does it have to be discussed in court. Just curious.
Was driving in light traffic this past Sunday at 7:30pm ish. Doing 100 in the left lane of a two lane 90km/hr highway. Cop is sitting in the right lane doing about 95. I accelerate to 108 to do a lane change and hop off the highway. Cop turns on his blinkers and pulls me over. Asks if I know the speed limit and why I was doing 110. I told him to follow the flow of traffic and make a safe lane…
Just curious if anyone has any thoughts on today's Supreme Court ruling "clarifying" limitations for criminal and provincial trial maximum timelines. This appears to supersede R v. Askov and R v. Morin, based on a light read of the press coverage. Given my lack of legal background, was curious if anyone could speak to how this impacts the reasonableness test of time to first…
I was on the highway early morning. I saw the car going behind me in a good distance. Than he came close to me. I dont like if somebody tailgating after me. It was very close to me, too close. Car was black with dark windows. I become a bit scared of this guy. There were some cars on lane beside me, so I couldnt change the lane right away. To let him go I increased speed to pass the…
Police officer didn't show up so I thought the tickets I got would be withdrawn. However, the JP said the trial needs to be rescheduled; now I need to take another day off to attend. Many people at the court with me also appealed but their trials were rescheduled, too. Is this common practice? If police officer doesn't show up again, would it be rescheduled again? Or, is it all depends on JP's…
i was charged under sec 142(1) HTA in a 3 car collision. I requested a trial date and disclosure. when the disclosur documents arrived included was an application for an adjournment due to the officer being on training course during the scheduled trial date. I assume a new date will be set further out? When i reviewed the disclosure docs it included accident reports, statements from the 3 drivers…
I got my first ticket(s) in 15 years, for a rolling stop of the Gardiner West ramp at Yonge, by a whole bunch of cruisers under the bridge pegging off people 1 by 1. I didn't have my wallet, so 1 ticket no licence surrendered, 1 ticket fail to stop.
1)Should I use a professional rep in court? or
2) My natural thought would be to pay the no licence ticket, and reschedule the court date later for…
I've posted at this forum before under a different username a while back, which I unfortunately can't remember, and at that time the people who replied back were extremely helpful and for that I'm grateful.
Last night I was leaving Toronto driving north on University just north of Queens Park around 3 am. Two cops were checking to see if anyone had a bit too much to drink that night. I…
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave me 2 tickets . 1 for speeding infractions and the other for Novice driver b.a.c over 0%. now the…
In 2011, I got hit with a nasty ticket over in Quebec, 135 in a 70. That's fine, I knew what I was doing, and I faced the consequences.
I plead not guilty however, just because my insurance renewal was coming up and I thought I may as well buy my self a year, fast forward to 2014, is when I finally had a court date, and I just decided to pay the ticket before the Court Date.
I watched a 1-hour interview with Mr. Mulcahy on Legal Briefs with Lorne Honickman a few weeks ago. I felt terrible for him because he lost his 18-yr.old son at a very young age. When I listened to his pleas for "no tolerance" legislation with regard to drinking and speeding, I really did sympathize with him but knew legislation would never be passed…
I got charged with speeding in a community safety zone. The community safety zone signs are unenforceable because they are in English only (see R. v. Myers: www.yourbestdefence.com/illegal_street_signs_case.html) and I'm in a designated bilingual area. My question is, do I still get charged for speeding or will the whole thing be quashed?
Brampton cop siezed my license plates because my rear tire were bald and gave me a summon. How do I get my plates back? Also how do I know how much I have to pay for this? If I plead guilty in court what happens? Are there any demerit points involved? Also I received a summon for no muffler. How do I approach these 2? How does a summon work how do I know what my penalty is?
This may be unusual, but I'd like to know what I should have done in the following situation:
My family used a taxi service recently and our inattentive driver failed to stop at a stop sign which nearly resulted in a collision with another vehicle backing out of their driveway on the far right of the intersection. My husband filed a complaint against the driver and the company defended him by…
A couple weeks ago I was out for one of my last rides on my sportbike (94 Kawasaki ZX6E) before I sell it. I've had it for three seasons but have been wanting to get something less ridiculously fast and more comfortable for long distances.
Unfortunately, I got twinked while getting a last taste of the performance. An OPP officer spotted me on County Road 7 near Elora and followed me onto…
.