Hello Folks, Not very experienced with fighting tickets and court processes, matter of fact it is my first offence [License >10 years] and I'm looking for some serious advise, if anyone can help. Situation: I was turning right on a street with a pedestrian approaching the crosswalk, the pedestrian hesitated as she saw my car crossing her path to turn right, the pedestrian has not stepped on the crosswalk (physically could not as my car was in her bath). The cop pulled me over a short distance after stating that I 'Failed to Yield to a Pedestrian', and that the pedestrian hesitated to cross and thus I am charged under sec. 140(1)(a). He also stated that he has a video footage of the event. [140. (1) Subject to subsection (2), when a pedestrian or a person in a wheelchair crossing a roadway within a pedestrian crossover, (a) is upon the half of the roadway upon which a vehicle or street car is travelling] My question is A) Is this a valid offence considering the situation as per the section I was charged? B) What would be an expected/potential outcome if I was to fight this , what would be the best option? C) How bad will this reflect on insurance if I was to either lose my case, fail to respond in 15 days etc. Your input would be greatly appreciated, and I thank you for your time
Hello Folks,
Not very experienced with fighting tickets and court processes, matter of fact it is my first offence [License >10 years] and I'm looking for some serious advise, if anyone can help.
Situation: I was turning right on a street with a pedestrian approaching the crosswalk, the pedestrian hesitated as she saw my car crossing her path to turn right, the pedestrian has not stepped on the crosswalk (physically could not as my car was in her bath).
The cop pulled me over a short distance after stating that I 'Failed to Yield to a Pedestrian', and that the pedestrian hesitated to cross and thus I am charged under sec. 140(1)(a). He also stated that he has a video footage of the event.
[140. (1) Subject to subsection (2), when a pedestrian or a person in a wheelchair crossing a roadway within a pedestrian crossover,
(a) is upon the half of the roadway upon which a vehicle or street car is travelling]
My question is
A) Is this a valid offence considering the situation as per the section I was charged?
B) What would be an expected/potential outcome if I was to fight this , what would be the best option?
C) How bad will this reflect on insurance if I was to either lose my case, fail to respond in 15 days etc.
Your input would be greatly appreciated, and I thank you for your time
As long as they have not stepped off the curb you should be ok. If you look at sec 140(4) which is Pedestrian Fail to Yield at Crossover, the pedestrian must yield to a vehicle if its close. Ask for video as part of the disclosure if you want a trial. You could also choose option 2 and review the officers notes and see what it says pertaining to the ped stepping off the sidewalk. I don't see why you couldn't fight this.
As long as they have not stepped off the curb you should be ok. If you look at sec 140(4) which is Pedestrian Fail to Yield at Crossover, the pedestrian must yield to a vehicle if its close. Ask for video as part of the disclosure if you want a trial. You could also choose option 2 and review the officers notes and see what it says pertaining to the ped stepping off the sidewalk. I don't see why you couldn't fight this.
How is it everyone else's fault YOU comitted an offence?
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly…
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a…
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
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…
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…
