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Ontario Highway Traffic Act

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Allen road and Eglinton Ave.
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PostPosted: Fri Apr 24, 2009 6:05 pm 
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Hi, I'm new here, just registered. Great site, very informative. Please check out my first post in Improper Right Turn and let me know if anyone has had the same experience.
Thanks


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PostPosted: Fri Apr 24, 2009 6:18 pm 
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Welcome aboard. I don't know the intersection well, but if the constable is confused about the signage, you should take a few pictures.

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PostPosted: Fri Apr 24, 2009 8:06 pm 
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I did take several pictures. I also forgot to mention in my first post that the offense I was charged with -
Red light
144(18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18).
- this sign is nowhere to be seen, it does not exist in this intersection.


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PostPosted: Sat Apr 25, 2009 8:18 pm 
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So wait, there is no traffic light on the intersection?

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PostPosted: Sat Apr 25, 2009 8:43 pm 
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There is a traffic light, but no sign specifically stating no right turn on red light.


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PostPosted: Sun Apr 26, 2009 12:19 pm 
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Location: In YOUR rearview mirror!
If a green arrow is shown for drivers to make a left, you can not turn right on the red.

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PostPosted: Sun Apr 26, 2009 2:40 pm 
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I drove by Allen & Eglinton today. Zyrynx is right, there is no sign indicating no turn. I also noticed that it was either all full green or full red, since it's the end of the Allen Expressway. So take a photograph showing that there is no sign. Read over the disclosure package you get carefully. See if there's anything that the officer saw that he didn't mention to you. When it goes to court, ask the officer:

Did you observe me stop for the red?
I then turned right, on the red, correct?
(As mentioned under "improper right turn", read him sections 144 - 18 and 144 - 19 of the HTA.)
Do you agree that those are correct?
Was I charged under that section?

Use the officer's own evidence to show that you complied with 144-18 and 144-19 of the HTA. If the "sign" issue comes up, present the photograph with a date-time stamp showing there is no sign. "Stop here on red signal" (which does exist) does not count as "no right turn on red." In closing arguments, state the Crown has failed to prove its case. That should be enough to get found not guilty.


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PostPosted: Sun Apr 26, 2009 2:46 pm 
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"Stop here on red signal" sign is basically shown instead of a white line.

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