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Ontario Highway Traffic Act

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New sign
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PostPosted: Tue Oct 15, 2013 11:00 pm 
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Joined: Tue Oct 15, 2013 10:35 pm
Posts: 3
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. :(


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Re: New sign
PostPosted: Wed Oct 16, 2013 3:39 am 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
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.


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Re: New sign
PostPosted: Wed Oct 16, 2013 10:28 am 
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Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
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.


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Re: New sign
PostPosted: Wed Oct 16, 2013 11:48 am 
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Joined: Tue Oct 15, 2013 10:35 pm
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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.


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Re: New sign
PostPosted: Wed Oct 16, 2013 12:34 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
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.


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Re: New sign
PostPosted: Wed Oct 16, 2013 10:45 pm 
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Joined: Tue Oct 15, 2013 10:35 pm
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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?


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