Highway Traffic section 141(5) violation defend or plea?

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Joined: Wed Sep 23, 2015 9:49 am

Highway Traffic section 141(5) violation defend or plea?

by: TEBBY on
Wed Sep 23, 2015 10:15 am

I have been charged with a left hand turn violation under HTA section 141 (5). This accident happened in Bradford, Ontario Simcoe Road and Center Street.

This location is just south of the main intersection in town (Simcoe and Yonge). I was stopped at Center street about to make a left across 2 lanes of traffic onto Simcoe. As I was about to make my turn there was only a large white work van making a right hand turn onto Centre street, once I knew that driver was committed to the turn I double checked the path was clear, it was and proceeded to make the turn. I believe the SUV that hit may came from behind that van and into my lane at an accelerated of speed and hit my back passenger door. My tires would have been over the yellow line and my turn almost completed at that point. Dry day, no injuries. Officer said that he had to give me a ticket based on location of crash or his boss would not be happy with him. Did not my side of the story. I am heading to trial only because my husband thinks I was not in the wrong would rather plea out to a charge with no points. Is that possible for this offence?

Any suggestions on a defence to this? Worth the fight or a plea deal? I have heard Barrie prosecutors can favor cops word over a victims in court.
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by: jsherk on
Wed Sep 23, 2015 2:09 pm

Prosecutors and Justice of Peace will almost always favor police ... they all work for the same corporation. So much for justice and the reasonable appearance of justice!

Anyways, rant aside, you should plead NOT GUILTY and ask for a Trial with the Officer present. Once you get your notice of trial, you can then ask for disclosure (officers notes, witness statements, witness will-says, etc). Once you get your disclosure, post it here and we will see what we can recommend.

Prosecutors are not required to offer a plea deal at all. Sometimes they will, sometimes they won't.

You mention to plea a deal with no points. If you have a good driving record, then demerit points are irrelevant, because even a 0 point charge can still affect your insurance. I say demerit points are irrelevant for most people because you need 9 or 10 before you have an interview and 15 to get a suspension. If you are far from that number then you should not be concerned about whether you get 0 or or 3 or 4 demerit points added or not. You should always be concerned about your insurance rates being affected, so if you are offered a plea you should ask your insurance company hypothetically how the different charges will affect your rates and decide if it is worth it or not to take the plea.

If you take it to trial, they will have to have a witness there to testify to what happened (since the officer did not see it). The police officer will almost always show up, but there is 50/50 chance that the witnesses will not.

Anyways, get disclosure and post it here and then we can give more suggestions.
+++ This is not legal advice, only my opinion +++
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