A place to discuss any general Highway Traffic Act related items.

Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend

slowpoke1980
Newbie
Newbie
Posts: 8
Joined: Wed Jun 08, 2016 4:12 pm

Failure To Obey Sign (182 (2)

by: slowpoke1980 on

Hi all,


So I went through the process of setting a court date (which was today), and I asked for an adjournment so that I could request disclosure. The officer had the typed notes on hand and gave it to me right away. I was asked to to go another room to request a DVD. Did that, so I'm just waiting for that to come in.


A little background: Around 7 am I was heading to work. Turned left to pull out of a condo unit heading westbound. Entered the centre median lane, then signaled right to merge into the passing lane. As I was approaching the intersection I signaled left to enter the left turn lane to turn southbound. As I turned, the officer turned on his lights to pull me over. The charge I received was Disobey Sign, as he said I turned into the centre lane too soon passing multiple addresses before reaching the designated left turn lane.


So after receiving the Disclosure, I noticed that the notes said I turned out of an address that's on the opposite side of the road. Does this qualify for dismissal as the address he stated I turned out of is wrong?

Zatota
Sr. Member
Sr. Member
Posts: 355
Joined: Tue Aug 16, 2016 10:09 am
Location: Thornhill

Posting Awards

by: Zatota on

The officer could always correct himself, but here's the scenario:


"Officer, you said I pulled out of _____________________. Is that correct?"

"Yes."

"And I turned left onto _______________. Is that correct?"

"Yes."

"And I proceeded southbound on ________________. Is that correct?"

"Yes."

Show the officer a map, a Google Maps or Street View image, etc.

"If I'd turned left from __________________ onto ________________, I would have been proceeding northbound. Isn't that correct?"

Officer looks at map and says, "Yes, you would have been."

"So are you sure you saw what you claimed you saw?"

"Umm..."


It's true that a wrong address does not create a fatal error, but you can use the inaccuracy to expose a flaw in the officer's powers of observation. If there's any doubt that you could have done what he claimed you did, you could earn yourself an acquittal.

Whenaxis
Member
Member
Posts: 121
Joined: Tue Dec 13, 2016 6:26 pm

Posting Awards

by: Whenaxis on

If the court was just relying on the officer's testimony, this approach may work.


But you mentioned that there is a DVD. If this is shown in court, this will still clearly show you committing the offence despite casting doubt on the officer's testimony.


I would still try the approach mentioned by Zatota.


But I would look further. For example, I might look at O. Reg. 615: Signs. What exactly did the sign say or what symbols were on the signs? Were they in accordance with the regulations?

Post a Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 18 guests