Today I was stopped by the police for doing a right turn on red. I did that turn so many times so I did not pay attention to the sign. That sign was put there very recently. The officer hand me a ticket that I can not read very clear. It says something like " fail to procced on intersection" Contrary to 144 (5). I want to take this ticket to court. Need some advice please. 
New sign
Today I was stopped by the police for doing a right turn on red. I did that turn so many times so I did not pay attention to the sign. That sign was put there very recently. The officer hand me a ticket that I can not read very clear. It says something like " fail to procced on intersection" Contrary to 144 (5). I want to take this ticket to court. Need some advice please. :(
Re: New sign
144(5) A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop.... etc Should you request a trial, you can start by requesting disclosure once you get your Notice of Trial Whether or not the sign is new or not is not going to make for a successful case. Complacency isn't a defense. The courts aren't going to be satisfied to hear you were simply going through the motions. Signs will change regularly as long as there are roads, whether they long term signs or short term construction signs. An accident isn't going to wait till you realize a sign is there. While I can sympathize, your current defense not going to get you the result you want in court.
1farisimo wrote:
Need some advice please.
144(5) A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop.... etc
Should you request a trial, you can start by requesting disclosure once you get your Notice of Trial
Whether or not the sign is new or not is not going to make for a successful case. Complacency isn't a defense. The courts aren't going to be satisfied to hear you were simply going through the motions. Signs will change regularly as long as there are roads, whether they long term signs or short term construction signs. An accident isn't going to wait till you realize a sign is there. While I can sympathize, your current defense not going to get you the result you want in court.
-
highwaystar
- Sr. Member
- Posts: 380
- Joined: Fri Oct 11, 2013 5:46 pm
-
Posting Awards
Re: New sign
Your inattention to the sign is no defense, regardless of how many times you may have done that action in the past. What counts is whether the sign was there on THAT day and whether you did in fact disobey it. It doesn't matter if others did it, you've done it in the past, the sign is new and you weren't aware, etc. So, go talk to the prosecutor and see if you can get a reduced fine. Otherwise, you'll have to challenge the officer's testimony or hope for a technicality to win on.
Your inattention to the sign is no defense, regardless of how many times you may have done that action in the past. What counts is whether the sign was there on THAT day and whether you did in fact disobey it. It doesn't matter if others did it, you've done it in the past, the sign is new and you weren't aware, etc. So, go talk to the prosecutor and see if you can get a reduced fine. Otherwise, you'll have to challenge the officer's testimony or hope for a technicality to win on.
Re: New sign
The officer told me I did a right turn on a red light. isn't the wrong ticket? Is there any demerit points. The ticket is a $85 fine. Thanks for your help.
The officer told me I did a right turn on a red light. isn't the wrong ticket? Is there any demerit points. The ticket is a $85 fine.
Thanks for your help.
Re: New sign
You were probably charged under section 144(9) "Proceed contrary to sign at intersection". The offence carries two demerit points. I'm guessing the officer either made a mistake with the section or his messy writing looks like a 5 instead of a 9.
You were probably charged under section 144(9) "Proceed contrary to sign at intersection". The offence carries two demerit points. I'm guessing the officer either made a mistake with the section or his messy writing looks like a 5 instead of a 9.
Re: New sign
Definitely it is not a number nine (9). It says 144 (S). If this is the case that the officer made a mistake or his writing is not clear, is this good enough to get the ticket dismissed?
Definitely it is not a number nine (9). It says 144 (S). If this is the case that the officer made a mistake or his writing is not clear, is this good enough to get the ticket dismissed?
Similar Topics
Featured Topics
Hand-held device placed securely in motor vehicle
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Exemption for pressing buttons
14.…
People are Driving Faster
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
136km/h in a 100km/hr, possible win?
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Ontario reintroducing Photo Radar/Speed Cameras?
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
Slowest of multiple targets, ticketed anyway....
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that…
Officer Alters Official Notes
Hi everyone,
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
Careless driving on a Bicycle - hit by a taxi driver
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
Is this 141(6) ?
Hello,
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
going 50 over the limit
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
An absolute nightmare
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural…
