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?
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?
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.
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.
That's a very good point. Thank you for that. I will use what you said during my trail in June. And thanks for the heads up on having a wrong address as not being a fatal error.
That's a very good point. Thank you for that. I will use what you said during my trail in June. And thanks for the heads up on having a wrong address as not being a fatal error.
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?
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?
I was stopped for allegedly doing 122 in a 90. I requested disclosure and like most received the minimum. The notes are just a photo copy with no explanations or typing. Only received parts of the manual that pertain to testing. Appears the officer was using a "Laser Atlanta Speed Laser", but no model or serial number is referenced in the notes. Testing is noted in two times written at the…
Hey guys, wanted to know if anyone has had a similar situation, and if you have any advice:
I was travelling E/B on Dundas St and had a green light to turn S/B on Spadina Ave. There's a no right on red sign, I observed it. I initiated my maneuver, slowly pulling my car into position to make the turn. This intersection is super busy, and there was a group of pedestrians who were painfully slowly…
This is the first traffic ticket that i have ever had, and i was wondering if someone could shoot me some of their advice as to how i could go about the case?
It was a red light, i approached the intersection and stopped, noticed two pedestrians on the right of me, and one officer on left and right of my vehicle, on the cross walks. They were pay duty for construction happening. I was waiting for…
I thank you in advance for the opportunity to share my concern here with you and also ask for help . I have a portfolio for 21 years, 16 years in class A / Z and with my Abastract / CVOR record both clean. I was stopped by an OPP on HWY 6 towards Tobermory, On just because I was above the allowed highway limit. According to the policeman, he told me that I reached 130km / h in an…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I was going southbound on 427 and exited at Queensway (Toronto). I needed to make a right turn and it is no right turn on red. So I stop on red light. There were 3 cars in front of me. I get the green arrow pointing right. So the cars turn right and when I was turning the green arrows just turned off. There was no amber. It just turned off. So I get pulled over…
Back on august 28th around 7 40 in the morning I got pulled over by a cop in a car that was not legally registered for the road yet, Stupid as it was i was literally just taking it for a drive on my street because it was sitting for so long My street is a residential street so i didn't think i cop would be turning on it anytime soon. But of course i got unlucky. He got me gave me 3 tickets. By…
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got pulled over for disobey the "No Heavy truck" sign, on the ticket it say Highway traffic act Section 182(2), but I think I didn't disobey the "No Heavy Truck" sign, because my truck was loaded with delivery items(which at the time it was under 5 tonnes), I didn't request for disclosure, the cop that pulled me over didn't even check my truck to see if it is over 5 tonnes.
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
This morning I came downstairs to see my car with a ticket on it for $150 for parking in a fire route. The underground parking is under construction and we cannot park there so the tenates have to park either in visitors or adjacent streets. I have been parking in the same spot for a week and nothing was said to me until I found the ticket Sunday morning. I looked at every other car parked where…
Just bought my 1st GPS. Pretty decent little outfit. Have used it on a couple of short trips and got me to the destintation properly.
I have taken it to work recently and it is not as accurate as I first had hoped. The calculation of my vehicle speed is off by 2km/hr (GPS reads high). When stationary in many locations, it does not place me exactly where I am parked. On 2 different times it…
HI! So my husband was driving home at 2 am and blew out his back passenger tire which caused him to hit a parked car, he did quite a bit of damage to the car , there was no one around , and he did not have any paper to leave a note, also because it was a very old 1980 car and my husband assumed the damage was less than 1000,00 dollars and he left and did not report it until the next day. A week…
Issued in a news release by Toronto Police Traffic Services Sergeant Tim Burrows, these were the top 10 peeves of drivers in an on-line survey by the Toronto Police:
10. Slow drivers
9. Slower-moving drivers who pull into your lane when you're going faster
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
Quick run down of my situation: My liscence was suspended in early September for a DUI. Got caught driving last weekend on the 401. Officer claimed I was pulled over because she figured I was speeding and I looked suspicious because I was looking around in the car too much. She searched the entire car looking for weed - none was found. I was charged with driving while under suspension.
I wasn't quiet sure where this should go, so I am going to try here.
I am 25 years old, and I have had my G2 license since March 2010. I haven't upgraded to my full G only out of not really having the time nor cash to do it as of yet. In early February of this year I was pulled over by an OPP at a RIDE program and blew a 0.031 BAC. I was unaware at the time that I was supposed to have a BAC…
I was involved in an accident last month. I was proceeding along a street with cars parked adjacent to the curb. Approaching an intersection I saw a large truck and trailer parked against the curb (no brake lights, or turn signals) so I presumed he was parked there. I approached the intersection, following the same path as all the other traffic, just to the right of the centre line. When I…
I have received 2 pieces of paper on the door of my home within the last week. Looks like I am being summons to witness for an accident where the other driver was at fault last year. (He hit me and was charged at the scene).
I'm just wondering if anyone knows how many attempts they will make to serve me, or if they will keep trying until they do ?
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
Highway 21 is often closed in the winter. I and a lot of other people need to cross Highway 21 to get to work. Several people have told me that if a highway is closed, it's not only illegal to drive along the highway, but to cross it on any intersecting road, because while you cross it you're technically driving on a closed road.
Hi all, I was ticketed for this offense while on a bicycle where I "turned left" at a red light without first coming to a complete stop at the red light. It was a T-intersection where I was facing the straight through lanes (4 lanes, two in each direction) and a side street came in from the right only (2 lanes, one in each direction), and no vehicles or pedestrians were entering from the right at…
In early March I was driving in the Yonge & Churchil area. An officer said I failed to stop at a stop sign and ticketed me 110+3 demerits. While getting my license etc. I have multiple photocopy of my car ownership in my car, and that I thought I handed him the copy with the validation sticker on the back as required but gave him one of the blank copies by accident. He came back with…
