The other day I was S/B on Don Mills RD I came to the Light at Eglinton Ave going to make a Left hand turn to be E/B on Eglintion. Light was red when I came to light the Green turn arrow appears the other cars heading E/B made the turn the arrow changed and the N/B traffic started crossing the Intersection. I was stuck in the Intersection with a 2 other cars behind me. Upon waiting for a Opening to turn onto Eglintion the Light turns Amber with me in the Intersection the N/B traffic stopped and preceded to make the turn along with the cars behind me. As soon as I made the turn I put my right turn singled on and changed lanes I needed to get to Farrand Rd. turn off that is right after that Intersection. As soon as I started making the lane change into the 2nd lane with my right turn single on a Officer waved me to the 4th lane. He would not even talk to me at my window went to passenger side to talk to me over my wife who was in the passenger seat He asked me do you know why I pulled you over and I stated No. His reply was Because of drivers like you there are car accidents. He then asked for drivers licence etc... He then went back to his car that was parked on the grass/sidewalk When He came back to Passenger side window handed me the ticket and then stated that I turned into the 3rd left lane when I left the intersection and that that was how accidents happen. which I did I moved into the in the 3rd lane then the 4th when he waved for me to pull over. I went on to tell him that I was heading to Farrand Rd. and that I did everything the right way. His replay was you have 45 meters to make 3 lane changes. I was making the lane changes the right way he then asked if I was going to fight the ticket I stated yes and his replay was good luck with that and drivers like you should not be driving.
My question is how do I fight this my word ageist his and I know they wont let my wife say anything n court.
Do I have any hope of fighting and wining this ticket it court.
You actually have 210m to exit right to Ferrand Dr after turning left.
http://www.ontario.ca/laws/statute/90h0 ... quote]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. R.S.O. 1990, c. H.8, s. 141 (6).[/quote]
On the ticket it only has Improper Left turn then Highway Traffic Act 141 (6) does not say anything about what I did wrong according to the officer. I read the 141 (6) and by my understanding I did the turn the way it says to.
You can find a sample form here: http://www.ontariohighwaytrafficact.com/topic2959.html
Disclosure will include a copy of the officer's notes; review his notes and you'll have a better idea of what he saw and why he charged you with S141(6); you can begin to make your defence.
S141(6) would only apply if you did not turn into Lane 1, but went directly into the other lanes.
We shouldn't speculate without reviewing his notes, but based on his conversation with you it appears he may have seen you turn left from the intersection into Lane 3.
He... handed me the ticket and then stated that I turned into the 3rd left lane when I left the intersection and that that was how accidents happen.
Once you get notice of trial, you can request disclosure (officers notes). Once you get these notes, then you will know exactly what the officers reasons for laying the charge are and decide if you want to fight it or not.
Usually if it boils down to your word against a police officer, they will side with the officer, but in this case you have your wife as a witness as well. So assuming you and your wife both agree as to what you did, and that you both agree the officer is incorrect, then when you go trial, you can testify to what happened and then your wife can also testify to what happened (you will both need to be present in court to do this). If both of your testimonies contradict what the officer says, then there is a high probability that this will bring reasonable doubt to officers testimony and you will win.
+++ This is not legal advice, only my opinion +++
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