Hello, Recently while driving to work, I ran into a very bad traffic jam which was caused by a major collision. About 2.4 km before the scene of the accident, an officer set up shop at a small intersection (the entrance to a mall, to be exact) and was pulling over drivers who were unexpectedly getting caught in the intersection after the light turned red. Like the other drivers, I entered the intersection at a green light but came to an unexpected stop due to the chaotic traffic. The light then turned red, at which point the officer walked out onto the road and directed me and many other cars to pull over for a ticket. The offence was "Interfere with traffic" and the fine is $65. What are the chances of successfully defending against this ticket? Would simply paying it off be the better option? I'd like to fight it if possible because I'm pretty annoyed at this cop setting up shop near a major accident and using it to pull over car after car after car. Thanks.
Hello,
Recently while driving to work, I ran into a very bad traffic jam which was caused by a major collision. About 2.4 km before the scene of the accident, an officer set up shop at a small intersection (the entrance to a mall, to be exact) and was pulling over drivers who were unexpectedly getting caught in the intersection after the light turned red. Like the other drivers, I entered the intersection at a green light but came to an unexpected stop due to the chaotic traffic. The light then turned red, at which point the officer walked out onto the road and directed me and many other cars to pull over for a ticket.
The offence was "Interfere with traffic" and the fine is $65.
What are the chances of successfully defending against this ticket? Would simply paying it off be the better option? I'd like to fight it if possible because I'm pretty annoyed at this cop setting up shop near a major accident and using it to pull over car after car after car.
Were you charged with HTA S.170 (12) or a municipal by-law offence? http://www.e-laws.gov.on.ca/html/statut ... e]Vehicles interfering with traffic (12) Despite the other provisions of this section, no person shall park or stand a vehicle on a highway in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway. R.S.O. 1990, c. H.8, s. 170 (12). Application of subs. (12), where by-law in force (13) The provisions of subsection (12) with respect to parking or standing in such a manner as to interfere with the movement of traffic or with the clearing of snow from the highway do not apply to a portion of a highway in respect of which a municipal by-law prohibiting or regulating parking or standing in such a manner as to interfere with traffic or with the clearing of snow from the highway, as the case may be, is in force. R.S.O. 1990, c. H.8, s. 170 (13). Penalty (14) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $20 and not more than $100. R.S.O. 1990, c. H.8, s. 170 (14).[/quote]If you were charged with the by-law, you might as well just pay the ticket because it won't have any consequences on your license. You could request to have the ticket reduced, but that's about it. If it's the HTA offence then it's more serious because a conviction will be applied on your driving record. Your insurance company can increase your premiums as a result of that. You can choose the trial option, when you get your 'notice of trial' in the mail... request for disclosure and check out the officer's notes. Once you get the officer's notes, you'll have a better picture of how the crown will prosecute you. Why did you proceed through the intersection when you did not have 'your car-length's space' on the other side? Was your car blocking the entrance to the mall? Were you blocking cross-traffic? I'm very surprised there is a section in the HTA that deals with this. I was under the false belief that blocking an intersection was strictly covered by by-laws. So technically a 2nd or 3rd late red-light left turn driver could also get hit with HTA S.170 (12)
Were you charged with HTA S.170 (12) or a municipal by-law offence?
(12) Despite the other provisions of this section, no person shall park or stand a vehicle on a highway in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway. R.S.O. 1990, c. H.8, s. 170 (12).
Application of subs. (12), where by-law in force
(13) The provisions of subsection (12) with respect to parking or standing in such a manner as to interfere with the movement of traffic or with the clearing of snow from the highway do not apply to a portion of a highway in respect of which a municipal by-law prohibiting or regulating parking or standing in such a manner as to interfere with traffic or with the clearing of snow from the highway, as the case may be, is in force. R.S.O. 1990, c. H.8, s. 170 (13).
Penalty
(14) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $20 and not more than $100. R.S.O. 1990, c. H.8, s. 170 (14).[/quote]If you were charged with the by-law, you might as well just pay the ticket because it won't have any consequences on your license. You could request to have the ticket reduced, but that's about it.
If it's the HTA offence then it's more serious because a conviction will be applied on your driving record. Your insurance company can increase your premiums as a result of that. You can choose the trial option, when you get your 'notice of trial' in the mail... request for disclosure and check out the officer's notes. Once you get the officer's notes, you'll have a better picture of how the crown will prosecute you.
Why did you proceed through the intersection when you did not have 'your car-length's space' on the other side? Was your car blocking the entrance to the mall? Were you blocking cross-traffic?
I'm very surprised there is a section in the HTA that deals with this. I was under the false belief that blocking an intersection was strictly covered by by-laws. So technically a 2nd or 3rd late red-light left turn driver could also get hit with HTA S.170 (12)
But it's not annoying to everyone else when you block a direction of traffic instead of waiting? You can't go anyways, so why block everyone else from moving? There's no reason traffic has to get any worse than it is. There's nothing opportunistic in the officers action as you are suggesting. We're going to have to agree to disagree on this one. The chances are as good as your defense. If your defense relies on an accident over 2km away and the fact the light was green while you waited in the intersection, I'd say your chances are non-existent. You're going to have to look somewhere else if you plan on defending yourself against the charge.
KHAAANNN wrote:
I'd like to fight it if possible because I'm pretty annoyed at this cop setting up shop near a major accident and using it to pull over car after car after car.
But it's not annoying to everyone else when you block a direction of traffic instead of waiting? You can't go anyways, so why block everyone else from moving? There's no reason traffic has to get any worse than it is. There's nothing opportunistic in the officers action as you are suggesting. We're going to have to agree to disagree on this one.
KHAAANNN wrote:
What are the chances of successfully defending against this ticket?
The chances are as good as your defense. If your defense relies on an accident over 2km away and the fact the light was green while you waited in the intersection, I'd say your chances are non-existent.
You're going to have to look somewhere else if you plan on defending yourself against the charge.
If you were charged with the by-law, you might as well just pay the ticket because it won't have any consequences on your license. You could request to have the ticket reduced, but that's about it. If it's the HTA offence then it's more serious because a conviction will be applied on your driving record. Your insurance company can increase your premiums as a result of that. You can choose the trial option, when you get your 'notice of trial' in the mail... request for disclosure and check out the officer's notes. Once you get the officer's notes, you'll have a better picture of how the crown will prosecute you. Why did you proceed through the intersection when you did not have 'your car-length's space' on the other side? Was your car blocking the entrance to the mall? Were you blocking cross-traffic? I'm very surprised there is a section in the HTA that deals with this. I was under the false belief that blocking an intersection was strictly covered by by-laws. So technically a 2nd or 3rd late red-light left turn driver could also get hit with HTA S.170 (12)[/quote] Thanks for the response. It is a Highway Traffic Act offence as indicated on the slip. The traffic was actually moving, albeit slowly, then suddenly came to a stop while I was mid-way through. There wasn't any more movement for the rest of the duration of the green light. When it turned red, the officer got out of his car and pulled over all the cars that didn't make it across.
iFly55 wrote:
Were you charged with HTA S.170 (12) or a municipal by-law offence?
(12) Despite the other provisions of this section, no person shall park or stand a vehicle on a highway in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway. R.S.O. 1990, c. H.8, s. 170 (12).
Application of subs. (12), where by-law in force
(13) The provisions of subsection (12) with respect to parking or standing in such a manner as to interfere with the movement of traffic or with the clearing of snow from the highway do not apply to a portion of a highway in respect of which a municipal by-law prohibiting or regulating parking or standing in such a manner as to interfere with traffic or with the clearing of snow from the highway, as the case may be, is in force. R.S.O. 1990, c. H.8, s. 170 (13).
Penalty
(14) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $20 and not more than $100. R.S.O. 1990, c. H.8, s. 170 (14).
If you were charged with the by-law, you might as well just pay the ticket because it won't have any consequences on your license. You could request to have the ticket reduced, but that's about it.
If it's the HTA offence then it's more serious because a conviction will be applied on your driving record. Your insurance company can increase your premiums as a result of that. You can choose the trial option, when you get your 'notice of trial' in the mail... request for disclosure and check out the officer's notes. Once you get the officer's notes, you'll have a better picture of how the crown will prosecute you.
Why did you proceed through the intersection when you did not have 'your car-length's space' on the other side? Was your car blocking the entrance to the mall? Were you blocking cross-traffic?
I'm very surprised there is a section in the HTA that deals with this. I was under the false belief that blocking an intersection was strictly covered by by-laws. So technically a 2nd or 3rd late red-light left turn driver could also get hit with HTA S.170 (12)[/quote]
Thanks for the response. It is a Highway Traffic Act offence as indicated on the slip.
The traffic was actually moving, albeit slowly, then suddenly came to a stop while I was mid-way through. There wasn't any more movement for the rest of the duration of the green light. When it turned red, the officer got out of his car and pulled over all the cars that didn't make it across.
This teaches drivers to be patient and not inch their car in the middle on an intersection unless they're able to make good judgement that they will make it across the intersection without obstructing traffic. As for successfully defending the ticket, i doubt that would be possible. The least they will do is lessen the charge but you will still be convicted of a charge.
This teaches drivers to be patient and not inch their car in the middle on an intersection unless they're able to make good judgement that they will make it across the intersection without obstructing traffic.
As for successfully defending the ticket, i doubt that would be possible. The least they will do is lessen the charge but you will still be convicted of a charge.
I would file for trial and ask for disclosure to see what evidence the officer has against you before making a decision. If the evidence is weak you can go to trial, if it is strong you can make a plea bargain to a lessor offence.
I would file for trial and ask for disclosure to see what evidence the officer has against you before making a decision. If the evidence is weak you can go to trial, if it is strong you can make a plea bargain to a lessor offence.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
Interfere With Traffic Ticket - Advice Needed
.