Sec 141 (5) HTA - Left Turn - Fail to Afford...

quiksilver28
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Sec 141 (5) HTA - Left Turn - Fail to Afford...

Unread post by quiksilver28 on

Hey guys, looking for some advice regarding Sec 141 (5) of the HTA. Left Turn - Fail to afford reasonable opportunity to avoid collision. I was travelling eastbound on a single lane highway. Signalled to go left into a gas station. The first entrance was blocked off by a car that just pulled up leaving me committed and I tried to pull into the second entrance when I was struck by a van (headed westbound). Realize I am still at fault due to the left turn...just curious whether or not this is the correct charge. I have spoken with both points and XCopper and they have completely different outlooks on the case. Points says I have a 80-90% chance of winning because this was not in an intersection as the verbatim HTA section reads. No street on the left or right, (nothing on the southside of the road) no stop signs, no stop lights. XCopper says that this does not change anything, as it is still a left hand turn...on a highway (the intersection part of the HTA section is general and case law won't win here) but for $560 they feel they can get it reduced to 0 points. Where does everyone stand on this charge. And what are my chances. It's day 3 so I still have 12 days before I pay the ticket.


quiksilver28
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Unread post by quiksilver28 on

section 141(5) Left across the path of an approaching vehicle: No driver or operator of a motor vehicle in an intersection shall turn left across the path of a vehicle approaching from the opposite direction unless he or she has afforded a reasonable opportunity to the driver or the operator of the approaching vehicle to avoid a collision


"intersection" includes any portion of a highway indicated by markings on the surface of the roadway as a crossing place for pedestrians.
If this does not exist is section 141(5) the wrong charge issued? Or should I have been laid with charges with Fail to Yield to Traffic?


OTTLegal
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Unread post by OTTLegal on

I agree with the information that it is still a turn.

I suggest you call some other companies, 560 dollars is too much, If you shop around you should be able to get a cheaper price.

Where did this happen? What court is it for?




Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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