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. No ticket was given at the time of the accident. I just received a summons saying I have committed the offence contrary to The Highway Traffic Act of Ontario section 141 (5). I'm just wondering: 1) why was I not given a ticket right away, and instead given a summons a few months later. 2) Is there a range of fines/demerit points that I could lose here? Should I be getting legal help to lessen the charges? or is it all the same charge? thanks for any advice.
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.
No ticket was given at the time of the accident. I just received a summons saying I have committed the offence contrary to The Highway Traffic Act of Ontario section 141 (5).
I'm just wondering:
1) why was I not given a ticket right away, and instead given a summons a few months later.
2) Is there a range of fines/demerit points that I could lose here? Should I be getting legal help to lessen the charges? or is it all the same charge?
IMO why is this YOUR fault? I see this all the time unfortunately...and I have had to closely stop on some occasions becuz the moron tried to run a yellow/red while I'm making a left turn. I get it if its green but once your in the middle of the intersection waiting in line to turn left, and it goes yellow and near red, you kind of expect the oncoming traffic to stop and obey the laws.... Also if you hit on a red light..doesnt that mean he crossed a red? So therefore I wouldn't asume fault...maybe talk to Paralegal about this one.
IMO why is this YOUR fault?
I see this all the time unfortunately...and I have had to closely stop on some occasions becuz the moron tried to run a yellow/red while I'm making a left turn. I get it if its green but once your in the middle of the intersection waiting in line to turn left, and it goes yellow and near red, you kind of expect the oncoming traffic to stop and obey the laws....
Also if you hit on a red light..doesnt that mean he crossed a red? So therefore I wouldn't asume fault...maybe talk to Paralegal about this one.
from everything i've read - it is the person who is turning left who is at fault. The light was yellow when i turned, and i believe it was red when the collision occured.
from everything i've read - it is the person who is turning left who is at fault. The light was yellow when i turned, and i believe it was red when the collision occured.
I've seen similar cases in court and it can be a tough charge to beat. The onus is on you to make sure your turning movement can be done in safety. Even with an amber light you'd have to show the other driver appeared as if he was stopping, not that you simply assumed he would. It's unfortunately much easier to prove you turned in front of him then he could have/should have stopped. If you want to fight the charge I'd suggest legal representation. In regards to your first two questions, demerit points don't increase with a summons. Demerit points are set by the offence, regardless if you're served by summons or PON. Your particular charge carries 3 points. In terms of fines, summons do allow for a higher maximum fine to given, but that's very unlikely. Unless this was some horrible accident or you have an atrocious driving record, you'll probably be looking at a $110 total fine. You were probably served a summons because once the police had finished their investigation, too many days had passed to give you a regular ticket.
I've seen similar cases in court and it can be a tough charge to beat. The onus is on you to make sure your turning movement can be done in safety. Even with an amber light you'd have to show the other driver appeared as if he was stopping, not that you simply assumed he would. It's unfortunately much easier to prove you turned in front of him then he could have/should have stopped. If you want to fight the charge I'd suggest legal representation.
In regards to your first two questions, demerit points don't increase with a summons. Demerit points are set by the offence, regardless if you're served by summons or PON. Your particular charge carries 3 points. In terms of fines, summons do allow for a higher maximum fine to given, but that's very unlikely. Unless this was some horrible accident or you have an atrocious driving record, you'll probably be looking at a $110 total fine. You were probably served a summons because once the police had finished their investigation, too many days had passed to give you a regular ticket.
If the other driver failed to stop for the amber, and was arguably safely able to, this changes some of the implications with respect to the Fault Determination. However, Fault Determination for insurance purposes and the Highway Traffic Act offences are actually separate...
If the other driver failed to stop for the amber, and was arguably safely able to, this changes some of the implications with respect to the Fault Determination. However, Fault Determination for insurance purposes and the Highway Traffic Act offences are actually separate...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Had an advanced arrow for a left turn. As I was going into the intersection, 2 police cars approached from the west, with lights and sirens. I stopped to let them go around me and head north on the other road. After try went through, I checked and all traffic waited for me to clear. As I moved to the end of the turn, I was hit, by a car coming off the light.
Had an advanced arrow for a left turn. As I was going into the intersection, 2 police cars approached from the west, with lights and sirens. I stopped to let them go around me and head north on the other road. After try went through, I checked and all traffic waited for me to clear. As I moved to the end of the turn, I was hit, by a car coming off the light.
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):
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…
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…
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.
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 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…
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…
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…
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 -…
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…
