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Failure to Obey Sign (182 (2)
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PostPosted: Mon Mar 06, 2017 1:13 pm 
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Joined: Wed Jun 08, 2016 4:12 pm
Posts: 8
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?


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Re: Failure to Obey Sign (182 (2)
PostPosted: Mon Mar 06, 2017 2:04 pm 
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Joined: Tue Aug 16, 2016 10:09 am
Posts: 217
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.


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Re: Failure to Obey Sign (182 (2)
PostPosted: Mon Mar 06, 2017 4:14 pm 
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Joined: Wed Jun 08, 2016 4:12 pm
Posts: 8
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.


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Re: Failure to Obey Sign (182 (2)
PostPosted: Mon Mar 06, 2017 9:49 pm 
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Joined: Tue Dec 13, 2016 7:26 pm
Posts: 94
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?


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