He turned into the right lane, you turned into the left lane. You had right-of-way to the left lane. That's what you're supposed to do. If it all happened as you said, you should win in court without any real problems. Have you requested disclosure yet? This should get you the officer's notes.Left turn, at intersection
(6) Where a driver or operator of a vehicle intends to turn to the left into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the left-hand lane provided for the use of traffic moving in the direction in which his or her vehicle is proceeding or, where it has no such marked lanes, by keeping immediately to the right of the centre line of the highway and he or she shall make the left turn by entering the intersection to the right of the centre line or its extension and by leaving the intersection in the left-hand lane provided for the use of traffic moving in the direction in which his or her vehicle is proceeding where the lane is marked or, where no such lane is marked, by passing immediately to the right of the centre line of the intersecting highway.
Be prepared for the Crown to withdraw it at the last minute after a desperate attempt to get you to plea-bargain. If it does go to trial (not too likely), then question the officer, make sure that he admits that he stopped you for "not waiting," but get him to testify that you turned into the left lane and he turned into the right lane. Then read him section 141 (6), ask him where the "waiting" part is, and in conclusion say that the officer testified that you did exactly as section 141(6) and therefore you are not guilty.
The only scenario I could've seen is if you clearly were going to turn into the wrong lane, but it doesn't sound like it, from what you said.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Performance worthy of an Oscar sometimesRadar Identified wrote:... Be prepared for the Crown to withdraw it at the last minute after a desperate attempt to get you to plea-bargain.
HTA 135 (3):When two vehicles enter an intersection from intersecting highways at approximately the same time, the driver on the left shall yield the right of way to the vehicle on the right. R.S.O. 1990, c. H.8, s. 135 (3).
I believe this only applies if both vehicles turn into the same lane.
The main thing here is that you want the officer's notes. That way you can find out if he saw something you didn't. HTA 135 (3) applies if two vehicles are approaching perpendicular to each other at an intersection. If they were to apply it to your situation, yes, it would have to be a situation where you'd be turning into the same lane. Regardless, you weren't charged under 135 (3). Stopping them from changing the charge is pretty easy, just say to the Justice of the Peace that you came to court to defend against 141 (6) and the Crown has not proven its case on that charge. Requiring you to answer for another charge is unfair and against the principles of justice. Besides, they can't amend the charge after the trial starts. I think there's a better chance that when it does go to trial, the Crown Prosecutor will simply stand up and say "the officer has no evidence, your Worship." Case dismissed!
Good luck with it, but unless there's some other missing detail, I don't think you'll need it. More like patience. And as Bookm said:
Sometimes, the tactics used in attempts by Prosecutors to get defendants to accept a plea bargain are just ridiculous, especially when the Crown has no case. Be ready for it!Bookm wrote:Performance worthy of an Oscar sometimes
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