Recently got a ticket for what the officer said was " Turn not in Safety ", charged under 142, sec 1, however I believe this is the wrong section, from my understanding this section is for not signalling when making a turn:
142. (1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement. R.S.O. 1990, c. H.8, s. 142 (1).
what he was trying to charge me for was not turning safely, basically what happened is that I was heading north and making a left turn, there was a green arrow which had just turned, the car in front of me was turning while the green arrow was amber, green arrow then went off with green signal on, I proceeded to turn before the southbound traffic started to move on their own now turned green light. According to the officer I did not turn safely as the southbound traffic just had their light change to green ( officer was one of the southbound cars).
While this may have been true, seems as though the section that I was charged under is totally wrong, what does this mean? Can I use this to have this ticket dismissed since the officer clearly did not know what he was charging me under? Although he did charge me under the wrong act, can this court then change this and charge me under the correct act? ( If there is one)
New to this and would appreciate any advice..
The section is correct.
The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety...
It requires both that the movement be made in safety, and if the movement affects another vehicle, that a signal be used.
had the oncoming traffic started to move when you made your left? You might be able to argue that you turned because no one was moving so it would be reasonable to assume they did NOT have a green light.
We have one intersection in Stratford that has a solid green circular light in one direction while the oncoming traffic is stopped at a red. Why there is no advanced green arrow (or better yet, a flashing green light), I don't know, but it is what it is and people hesitate then cross their bows all day long!
I would probably not take the stand in your case. You don't want to be asked the status of your light when you made your left, and the officer obviously didn't see it
Just move to closing arguments after you have questioned the officer on the stand and make you point.
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