Advice Needed: got a summons for improper left turn 141 (5)

abc123
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Advice Needed: got a summons for improper left turn 141 (5)

by: abc123 on
Thu Jun 09, 2011 8:20 pm

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.


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by: admin on
Thu Jun 09, 2011 8:35 pm

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.




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by: admin on
Thu Jun 09, 2011 10:53 pm

Interesting but I would think that if you went through the yellow, then he most likely went through the red, so your not at fault there!?


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by: Stanton on
Fri Jun 10, 2011 10:04 am

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.


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by: Radar Identified on
Sun Jun 12, 2011 2:08 am

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


davetech
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by: davetech on
Tue Aug 21, 2012 10:21 am

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.


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