Hi, I recently got into an accident and I'm not sure whats going on right now, let me explain what happened first. I was driving down hwy 117 and came to an intersection, I noticed the road sign on my right declaring which streets were which. I flicked on my right hand turn signal then realized immediately that I had to turn left and not right, so without my hand leaving the signal lever I changed it to left, and shorty thereafter began to reduce my speed (From 80 to 30kmph, and I didn't hammer on the brakes either so it took some time) . Now as I began making my turn I checked my mirrors, everything was good the guy behind me was still behind me and started turning left, about halfway through completing my turn the vehicle from behind me struck mine in the side just ahead of the wheel hub. So what happened was the guy behind me whipped out and decided to pass me on the left of this two lane highway while I was turning left, in a no pass area! Now I was pretty angry but whatever, I waited till the cops got there and he looked at everything got my story and the other drivers, then made his decision of saying the blame was on the other driver for trying to pass me in a no pass zone, so I'm not too worried. A couple days pass and then I get a phone call from the officer that was on scene, he's telling me that apparently his assessment of what happened was wrong and now I'm the one whose at fault. He tells me how he checked the highway traffic act over and over and even went to the crown to check it. So a day passes and then the cop visits my home and hands me a ticket, the tickets is for committing the offense of an improper left hand turn, The highway traffic act 141(6). Now I went and looked at that and it has me sitting here going What?! how did I preform an improper left hand turn? shouldn't this be the other guys fault for trying to pass me on the left in a no pass area while I was turning left? I don't see how I made an improper left hand turn, I slowed, I signaled, I checked my mirrors. any insight into my situation would be nice thank you.
Hi, I recently got into an accident and I'm not sure whats going on right now, let me explain what happened first.
I was driving down hwy 117 and came to an intersection, I noticed the road sign on my right declaring which streets were which. I flicked on my right hand turn signal then realized immediately that I had to turn left and not right, so without my hand leaving the signal lever I changed it to left, and shorty thereafter began to reduce my speed (From 80 to 30kmph, and I didn't hammer on the brakes either so it took some time) . Now as I began making my turn I checked my mirrors, everything was good the guy behind me was still behind me and started turning left, about halfway through completing my turn the vehicle from behind me struck mine in the side just ahead of the wheel hub. So what happened was the guy behind me whipped out and decided to pass me on the left of this two lane highway while I was turning left, in a no pass area! Now I was pretty angry but whatever, I waited till the cops got there and he looked at everything got my story and the other drivers, then made his decision of saying the blame was on the other driver for trying to pass me in a no pass zone, so I'm not too worried. A couple days pass and then I get a phone call from the officer that was on scene, he's telling me that apparently his assessment of what happened was wrong and now I'm the one whose at fault. He tells me how he checked the highway traffic act over and over and even went to the crown to check it. So a day passes and then the cop visits my home and hands me a ticket, the tickets is for committing the offense of an improper left hand turn, The highway traffic act 141(6). Now I went and looked at that and it has me sitting here going What?! how did I preform an improper left hand turn? shouldn't this be the other guys fault for trying to pass me on the left in a no pass area while I was turning left? I don't see how I made an improper left hand turn, I slowed, I signaled, I checked my mirrors. any insight into my situation would be nice thank you.
Unfortunately the officer is probably right. The Highway Traffic Act requires you ensure any turning movement wont affect other vehicles. This includes ones overtaking you. Assuming the other drivers pass was legal, most of the onus falls on you. You said it occurred in a no passing zone, but what do you mean by this? Was there actual signs posted saying no passing? Or are you simply referring to the lines painted on the ground. If it was the latter, unfortunately they're just for reference and not legally enforceable. The only bit of good news is that under insurance fault determination rules, the other driver will be considered equally to blame. In such a scenario, each driver is considered to be 50% at fault. It may be worth consulting with a paralegal who's more familiar with case law surrounding your situation. You may be able to beat the charge in Court if you can show you exercised due diligence prior to making your turn, even if it resulted in an accident.
Unfortunately the officer is probably right. The Highway Traffic Act requires you ensure any turning movement wont affect other vehicles. This includes ones overtaking you. Assuming the other drivers pass was legal, most of the onus falls on you. You said it occurred in a no passing zone, but what do you mean by this? Was there actual signs posted saying no passing? Or are you simply referring to the lines painted on the ground. If it was the latter, unfortunately they're just for reference and not legally enforceable.
The only bit of good news is that under insurance fault determination rules, the other driver will be considered equally to blame. In such a scenario, each driver is considered to be 50% at fault.
It may be worth consulting with a paralegal who's more familiar with case law surrounding your situation. You may be able to beat the charge in Court if you can show you exercised due diligence prior to making your turn, even if it resulted in an accident.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
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Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
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So i was driving on Eglinton Avenue East near Rosemount Ave.
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Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
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Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
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I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
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I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
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Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
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I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
