Hi, I got involved in a left turn accident and I was making the turn. It happened at 1548 warden avenue. I was at the centre of the road waiting to make my turn and after a while the first lane of incoming traffic stopped and yield me space to make my turn. I went forward check the second lane there was no car approaching and made the turn. As I was making the turn my card got hit at the passenger back-side. I suspect that the car got impatient in the lane that gave me space and switch lanes and hit my car. After a while, the cops showed up looked a round didn't ask me what happened but blamed the accident on me. The cops gave me a Left turn not in safety ticket? So, my question is should I take this to trail and do you think I have any chance of winning this? Thank you for your help.
Hi,
I got involved in a left turn accident and I was making the turn. It happened at 1548 warden avenue. I was at the centre of the road waiting to make my turn and after a while the first lane of incoming traffic stopped and yield me space to make my turn. I went forward check the second lane there was no car approaching and made the turn. As I was making the turn my card got hit at the passenger back-side. I suspect that the car got impatient in the lane that gave me space and switch lanes and hit my car. After a while, the cops showed up looked a round didn't ask me what happened but blamed the accident on me. The cops gave me a Left turn not in safety ticket? So, my question is should I take this to trail and do you think I have any chance of winning this?
You can take anything to trial. If you're asking whether or not you're at fault, you are. What you've described is not a defense. This is a common situation for accidents. Since you're turning, the onus is on you to do so safely. It's not up to the "impatient" driver with the right of way to adjust their driving to accommodate a turning vehicle. If you want to start with an early resolution meeting and go from there, it wouldn't be a bad idea. They will either be able to offer you some kind of reduction or they may not. If you're not happy with the offer and you want to continue to a trial, they will book you a date.
You can take anything to trial. If you're asking whether or not you're at fault, you are. What you've described is not a defense.
This is a common situation for accidents.
Since you're turning, the onus is on you to do so safely. It's not up to the "impatient" driver with the right of way to adjust their driving to accommodate a turning vehicle.
If you want to start with an early resolution meeting and go from there, it wouldn't be a bad idea. They will either be able to offer you some kind of reduction or they may not. If you're not happy with the offer and you want to continue to a trial, they will book you a date.
I forgot to mention that it was on a hill. I feel like I took all the reasonable action a driver could make when they make turn? I'm not sure if that counts for anything? I also, read on here that if I go to trail and the witness doesn't show up the tickets get thrown out? thank you for your reply.
I forgot to mention that it was on a hill. I feel like I took all the reasonable action a driver could make when they make turn? I'm not sure if that counts for anything? I also, read on here that if I go to trail and the witness doesn't show up the tickets get thrown out?
Also, I found: Justice Cameron of the Ontario Superior Court of Justice stated: There is no rule of law that requires a driver turning left who has complied fully with s. 141 (5) of the HTA to yield the right of way to an oncoming car which could not be seen at the start of the left turn. Such a proposition would be unrealistic and unfair. In such a situation both drivers have a duty to use reasonable care in the circumstances and to drive sufficiently slowly to come to a safe stop within their range of view. [Nowakowski v. Mroczkowski Estate 2003 CanLII 14114 (ONSC) at para. 82.] wouldn't that clear me off the ticket as well? Or am I still in the wrong?
Also, I found:
Justice Cameron of the Ontario Superior Court of Justice stated:
There is no rule of law that requires a driver turning left who has complied fully with s. 141 (5) of the HTA to yield the right of way to an oncoming car which could not be seen at the start of the left turn. Such a proposition would be unrealistic and unfair. In such a situation both drivers have a duty to use reasonable care in the circumstances and to drive sufficiently slowly to come to a safe stop within their range of view.
[Nowakowski v. Mroczkowski Estate 2003 CanLII 14114 (ONSC) at para. 82.]
wouldn't that clear me off the ticket as well? Or am I still in the wrong?
That is not a Highway Traffic Act case. It's a negligence case between two families and the insurance company involving multiple factors. Along with an obstructed view, the occupants were drunk and the car was travelling 100km in a 50km zone. ... Even with his knowledge of the intersection he had no reason or obligation to anticipate that a car was coming towards him at over 100 km per hour in a 50 km per hour zone driven by a driver whose reaction time was impaired by alcohol. I see no failure to comply with a standard of care assessed against s. 141 (5) of the HTA.
That is not a Highway Traffic Act case. It's a negligence case between two families and the insurance company involving multiple factors. Along with an obstructed view, the occupants were drunk and the car was travelling 100km in a 50km zone.
... Even with his knowledge of the intersection he had no reason or obligation to anticipate that a car was coming towards him at over 100 km per hour in a 50 km per hour zone driven by a driver whose reaction time was impaired by alcohol. I see no failure to comply with a standard of care assessed against s. 141 (5) of the HTA.
You will still be at fault for the accident no matter what happens to the ticket and therefore your rates will go up unless the insurance forgives one accident. GS
You will still be at fault for the accident no matter what happens to the ticket and therefore your rates will go up unless the insurance forgives one accident.
There's nothing wrong with requesting a trial. The Crown still has to prove its case. You can request disclosure to see the evidence the police officer plans to present. This is a difficult charge to beat; a driver can only turn left legally when it is safe to do so.
There's nothing wrong with requesting a trial. The Crown still has to prove its case. You can request disclosure to see the evidence the police officer plans to present. This is a difficult charge to beat; a driver can only turn left legally when it is safe to do so.
I've searched and either I'm not hitting the key words or the topic hasn't been touched on before (which I doubt, but anyway...)
Just curious how long a HTA conviction stays on record (both on MTO and insurance) and does the "clock" start from the offence date or conviction date?
I recently hit a van from behind, at a busy cross section. The reason was my lunch bag and coffee dropped to floor with a 'bang', so I did not fully stop. The police came and charge me with HTA 130 (careless driving), is this too much for me?
BTW I did not mention the coffee thing to the police since I thought this would only involve insurance company (I was hit by somebody a few years ago, the…
Got stopped for what I thought was going to be speeding, officer apparently had other ideas which needless to say surprised the heck out of me since Im positive I was not going over 150.
Ive done a LOT of reading already on here, Ticket Combat and some specific cases on Canlii (need to look up even more) and many other places but I still have some specific questions and some general ones I didnt…
Hi There , I need some direction and Im hoping that someone can point me there. I am 7 years into a lifetime suspension for 3 DUI's back in another life. About two years ago I started emailing the powers that be... ie , the Minister of Transportation , the judge that convicted me , ect ,,,,ect..... A friend of mine in the program , ( lawyer ) gave me some hope with a tribunal for appeals in…
Recently I was cited for speeding 105 km/h in a 60 km/h zone. I have two problems, firstly I am 18 and have my G2 (insurance is already expensive) and although I will likely have my G by the time this is resolved I want this to have the least impact on my insurance possible. The second and more important issue is that the officer who alleges I was speeding did not catch up to my car until I was…
I received a 141(5) left turn violation for an accident.
I was making a left turn across three lanes of traffic. The nearest two lanes were stopped for a traffic light up ahead of them and behind me. The third lane was a "right turn only" lane. As I made the turn, I saw a car pull out around the stopped traffic and enter the "right turn lane", so I stopped with my nose in the lane, but instead of…
Hi everyone I just received a ticket for parking the wrong way on the street in front of my house. There is not sign saying I have to park a certain way and I have been unable to find anything that says you have to park in a certain direction.
SO can anyone help me, I think I want to appeal the ticket but would like some advice to see if I am way off the watt with this one, or should I per sure…
Hello, i like many others a bad habit of attracting unwanted attention, and tickets. i drove a dark Eagle Talon that my girlfriend used to call a Bat-mobile. im also under 25 years old. well i drive for a living, and i want to do whatever i can to keep my abstract clean. so i sold the car, and im posting here. if anyone cares to take 5min and post your thoughts i would be delighted.
Good morning drivers, law enforcement, and traffic enthusiasts,
I recently received a ticket for "FAIL TO YIELD TO PEDESTRIAN." I was stopped at a red light in the left lane, signalling to turn left. The light turned green and as I pulled into the intersection, a pedestrian on the left crosswalk began crossing in the opposite direction. As I approached the crosswalk to complete the left turn, the…
I received a ticket on Hwy 6 North in Guelph going 90 km/h in a posted 70 km/h zone. I was clocked at 110 km/h and the officer reduced it to 90 km/h.
I requested for disclosure back in February 8th , after I received notice of trial for March 8th. The disclosure package did not get mailed, and when I went to the court on the day of trial, the clerk informed me that she had just…
I was driving past the ACC today in heavy traffic trying to eventually make the turn to go right to start my trek onto the gardiner. I had my Phone in my lap I was using it for GPS when I hear a knock on my hood. A police officer was just walking through the gridlock traffic to see who was on their phone. He immediately asked me to roll down my…
My case is a pretty 'common' one, I suppose. Nevertheless, I would like to read ideas and do some brainstorming: yesterday, after going out for dinner (about 11:00 PM ET in Oshawa) and while driving back on King Street North I noticed a police patrol following me closely. I did not attempt to speed away or anything. I simply continued my driving observing all precautions. Upon…
Hi, I'm new to this site, everyone seem really helpful to new members here. So here goes nothing.
I'm a G2 driver, aged around 20ish, male.
I got a ticket at around noon at intersection Markham road and Progress ave while I was driving my mother to work. I was going southbound on Markham road, I was going at about 70-75, I saw the approaching light and it was turning yellow and I decided to run for…
I got a speeding ticket today while I was at a stand still.
I had to stop as there was an elderly gentleman walking accross the left lane I was in. I could clearly see the speed trap up the hill as well as the en-mass brake lights from the vehicles ahead. I then accelerated up the hill and watched the speedometer. I never went above 60KM/H, speed limit is 50 I know but I'm trying to be honest.…
I'm new to the forum, and i'm not in the greatest situation...
I remember seeing a bright flash early in the morning a few weeks ago, and today i got a letter in the mail saying i ran a red light.
The problem is that i dont own the car, its my moms, and if she finds out i got the $325 dollar ticket il gonna get killed. I was lucky enough to have checked the mail today, and intercepte the…
A couple nights ago I was driving in the rain. I was at a 3 way intersection waiting to make a left turn. When i got the advanced green (may have just been a green light) I went and I didn't see any pedestrians. I proceeded to go but at the very end of my turn I saw someone walking towards my car. I abruptly stopped and triggered my abs brakes. When that happened it was too late, the pedestrian…
I've searched for hours looking for a similar situation to mine on a number of forums, and I couldn't come up with anything close. I know I need to file for disclosure tomorrow (my court date is October 7th), and plan to do so regardless of what else I end up doing, but I could really use some help with this one.
I was arrested on private property after being watched and stalked for over two hours…
I was driving down a two lane road, in the left lane. As I approached a construction zone, the two lanes merged into one. There was a sign that said the right lane ends, BUT this sign was incorrect. It was the left lane that ended.
Unfortunately I was driving according to what the sign said, and improperly continued into the right lane. This lead to me almost colliding into a bus.
I was given a ticket fail to obey stop sign. I was too far back from the white line. He has it on video that I was not at the white line - but he could not see exactly how far behind the white line I was because a big pine tree was in the way. It was dark, and I have a black car.
There was a car in front of me that duped me because he stopped - then pulled forward and stopped again - he was…
I got a speeding ticket back in June which I pleaded not guilty to. My main reason being that the ticket states that I committed the offence of driving at 129 km/h in a posted 90 km/h. But it was on Hwy 400 and I know it is 100 km/h.
My court date has been set. Maybe I should have researched more because reading some of these threads I see that this is not a fatal error and can be corrected in…
Hi Guys, my court date is Sept 28, 2015. Need help on whether I should plea or not. I got no evidence that I had stopped and will just be representing my self. Cop says I was speeding and ran a red light on a right turn. Both cases I told the cop I was aware of my driving and came to a stop / wasn't speeding. He issues me a caution ticket for going 120km and a ticket for fail to stop red light.…
I just had an experience where I had a cyclist ride off of the sidewalk in front of my car at a corner. I managed to stop, she went by me. She was looking backwards screaming at me and lost her balance, mostly due to the grocery bags on her handle bars. She fell in the other lane. I got out to see if she was okay. She had a scraped knee, but was fine. She said she was okay so I left. The police…
