Hello, hoping here someone can help. Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me question whether he in fact had the advance green. We went to the intersection another day around the same time of the accident to check how the lights changed. In some instances, there was no advance green, in other cases there was. We asked at a police station about how the lights function at that particular intersection. They weren't able to tell us but said that the advance green is sometimes activated by the number of cars waiting. In which case my dad would have seen the cars waiting to turn. We are contemplating going to trial with this as my dad did nothing wrong. I wanted to know whether there is some way definitively find out if the guy who hit my dad in fact had an advance green. Thanks a lot!
Hello, hoping here someone can help.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me question whether he in fact had the advance green. We went to the intersection another day around the same time of the accident to check how the lights changed. In some instances, there was no advance green, in other cases there was. We asked at a police station about how the lights function at that particular intersection. They weren't able to tell us but said that the advance green is sometimes activated by the number of cars waiting. In which case my dad would have seen the cars waiting to turn.
We are contemplating going to trial with this as my dad did nothing wrong. I wanted to know whether there is some way definitively find out if the guy who hit my dad in fact had an advance green.
What is the exact charge (wording and section number) he was charged with? If you take it all the way to trial to fight it, somebody who witnessed the accident (usually the other driver) must show up to testify. The officer has to be there as well because they issued the ticket. So there is 99% chance the officer will be there but only a 50/50 that the other driver will show up. If a witness does show up, then it will basically be your dad's testimony against the witness testimony and up to the Justice of the Peace as to who has the more believeable story. Since you have no proof one way or the other about whether there was an advanced green, I think you would have a hard time making that argument. Anyways, you have nothing lose by pleading NOT GUILTY and requesting a trial with the officer present. Once you get your Notice of Trial with the trial date, you can then request disclosure (copy of notes of all officers involved, copy of all witness statements). You need to get this disclosure to really decide if you can fight it or not. And you can still just plead guilty and pay it anytime up until the trial starts if you really want to.
What is the exact charge (wording and section number) he was charged with?
If you take it all the way to trial to fight it, somebody who witnessed the accident (usually the other driver) must show up to testify. The officer has to be there as well because they issued the ticket. So there is 99% chance the officer will be there but only a 50/50 that the other driver will show up.
If a witness does show up, then it will basically be your dad's testimony against the witness testimony and up to the Justice of the Peace as to who has the more believeable story. Since you have no proof one way or the other about whether there was an advanced green, I think you would have a hard time making that argument.
Anyways, you have nothing lose by pleading NOT GUILTY and requesting a trial with the officer present. Once you get your Notice of Trial with the trial date, you can then request disclosure (copy of notes of all officers involved, copy of all witness statements). You need to get this disclosure to really decide if you can fight it or not. And you can still just plead guilty and pay it anytime up until the trial starts if you really want to.
Thanks, jsherk. The exact charge is unsafe turn HTA 142 (1). You mention that I would have a hard time using the argument that there is no proof that there was an advance green. But this is what the charge is based on -- that the other guy had an advance green. Wouldn't the argument be equally invalid for him? The officer actually said that someone has be to be charged, so I guess bad luck for my dad (he didn't say the last bit). Will the guy who hit my dad be at the trial? I thought it was just the officer. We've asked of disclosure. Thanks again.
Thanks, jsherk.
The exact charge is unsafe turn HTA 142 (1). You mention that I would have a hard time using the argument that there is no proof that there was an advance green. But this is what the charge is based on -- that the other guy had an advance green. Wouldn't the argument be equally invalid for him?
The officer actually said that someone has be to be charged, so I guess bad luck for my dad (he didn't say the last bit).
Will the guy who hit my dad be at the trial? I thought it was just the officer.
A charge of unsafe turn would not be solely dependent on demonstrating whether the other driver had an advanced green or not. The section requires that prior to making any turn, a motorist needs to ensure that the movement can be made in safety and without affecting any other vehicles. Your father would need to demonstrate that he took due care prior to making the turn and couldn't have reasonably foreseen or avoided the other vehicle. Complicating this is the fact that your father would pretty much have to take the stand in his defence, which opens him up to cross examination.
A charge of unsafe turn would not be solely dependent on demonstrating whether the other driver had an advanced green or not. The section requires that prior to making any turn, a motorist needs to ensure that the movement can be made in safety and without affecting any other vehicles. Your father would need to demonstrate that he took due care prior to making the turn and couldn't have reasonably foreseen or avoided the other vehicle. Complicating this is the fact that your father would pretty much have to take the stand in his defence, which opens him up to cross examination.
Did the officer see the accident? If so, then only the officer needs to show up. If the officer did not see the accident then somebody who did see it (usually the other driver) needs to be there as well.
Freya wrote:
Will the guy who hit my dad be at the trial? I thought it was just the officer.
Did the officer see the accident? If so, then only the officer needs to show up. If the officer did not see the accident then somebody who did see it (usually the other driver) needs to be there as well.
Thanks, Stanton. You wrote: "Your father would need to demonstrate that he took due care prior to making the turn and couldn't have reasonably foreseen or avoided the other vehicle." How can he do this? He signalled before turning, stopped at the red light then made the right turn. So, as far as I can tell, he did nothing wrong. But how can this be proven? The other driver has as much responsibility for making a safe turn as my father, no? This is why I think being able to prove whether there was an advance green, or rather the prosecution not being able to prove that it was, is relevant.
Thanks, Stanton.
You wrote: "Your father would need to demonstrate that he took due care prior to making the turn and couldn't have reasonably foreseen or avoided the other vehicle." How can he do this? He signalled before turning, stopped at the red light then made the right turn. So, as far as I can tell, he did nothing wrong. But how can this be proven? The other driver has as much responsibility for making a safe turn as my father, no? This is why I think being able to prove whether there was an advance green, or rather the prosecution not being able to prove that it was, is relevant.
Thanks, jsherk. The officer was called to the scene so he didn't see it. It was the other driver's word against my father's and he got to the officer first, before my dad was able to tell his side of the story. My father was upset and his English is not that strong so imagine he wasn't able to advocate for himself as strongly.
Thanks, jsherk. The officer was called to the scene so he didn't see it. It was the other driver's word against my father's and he got to the officer first, before my dad was able to tell his side of the story. My father was upset and his English is not that strong so imagine he wasn't able to advocate for himself as strongly.
If I get this right get you are not arguing a right of way situation, you are saying that the other driver made a left turn across lanes of traffic on a red light. Your father was facing a red light and so it was his responsibility to make sure it was safe to proceed. Cars don't 'come out of nowhere'. I think you'll find it hard to argue.
If I get this right get you are not arguing a right of way situation, you are saying that the other driver made a left turn across lanes of traffic on a red light.
Your father was facing a red light and so it was his responsibility to make sure it was safe to proceed. Cars don't 'come out of nowhere'.
I think you'll find it hard to argue.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
So, your father had a red light, he is supposed to stop and complete the turn when it is safe to do. From what you are saying, there are 2 scenarios that happened. 1) The light was red for both sides, and the person blew through the red light (highly unlikely). 2)Your father had a red, and the other side had an advanced green (most likely). Based on the charge, your father did not complete the turn safely because an accident occured, therefore for this, I would recommend requesting disclosure, and if the disclosure is air tight, then best bet would be a plea deal.
So, your father had a red light, he is supposed to stop and complete the turn when it is safe to do. From what you are saying, there are 2 scenarios that happened.
1) The light was red for both sides, and the person blew through the red light (highly unlikely).
2)Your father had a red, and the other side had an advanced green (most likely).
Based on the charge, your father did not complete the turn safely because an accident occured, therefore for this, I would recommend requesting disclosure, and if the disclosure is air tight, then best bet would be a plea deal.
Thanks, jsherk. He was turning into a plaza. The lane has enough room for 2 cars going in the direction my dad was going but there is no lane demarkation.
Thanks, jsherk. He was turning into a plaza. The lane has enough room for 2 cars going in the direction my dad was going but there is no lane demarkation.
Everyone has the responsibility to drive to avoid a collision but if the other driver had a green light and your father had a red then the blame will fall squarely on your father's shoulders.
Freya wrote:
Thank you Argyll.
Isn't the other driver also responsible for executing a safe turn?
Everyone has the responsibility to drive to avoid a collision but if the other driver had a green light and your father had a red then the blame will fall squarely on your father's shoulders.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Thanks, Argyll, for your quick response. I agree and this goes back to my original question of whether it is possible to verify whether the other driver, did in fact have a green light.
Thanks, Argyll, for your quick response. I agree and this goes back to my original question of whether it is possible to verify whether the other driver, did in fact have a green light.
I don't know how you would do that. The lights don't keep records of their timings and I think I saw you write that they sometimes have a green and sometimes don't for the opposing turn lane. I think your problem will lie in the fact that the other driver, regardless of whether they ran a red or not, would have been on the roadway into which your father turned.
I don't know how you would do that. The lights don't keep records of their timings and I think I saw you write that they sometimes have a green and sometimes don't for the opposing turn lane.
I think your problem will lie in the fact that the other driver, regardless of whether they ran a red or not, would have been on the roadway into which your father turned.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
there was actually a guy there who told my dad that he saw what happened (but doesn't want to testify) who said the other driver was going fast and did a wide turn. My dad had started making the turn when the other driver arrived.
there was actually a guy there who told my dad that he saw what happened (but doesn't want to testify) who said the other driver was going fast and did a wide turn. My dad had started making the turn when the other driver arrived.
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…