Accident ( Improper Right Turn charge)

bend
Moderator
Moderator
Posts: 1152
Joined:

Posting Awards

Moderator

Re: Accident ( Improper Right Turn charge)

Unread post by bend on

The signalling is largely irrelevant. A signal is not an open invitation to change lanes willy nilly. Either a lane change can be made safely or it can't.

Based on your first post alone, it would be easy to assume the truck driver is at fault, which is why I think people are asking a lot of questions. While I sympathize with the disadvantages of making a wide turn in an 18 wheeler, he's not free to make that maneuver without possible consequence, signal or no signal.

I'm trying to see what an officer would have seen to deem you worthy of a charge.
Q: How much of the trailer blocked the other lane?
A: At least half of the lane was blocked.
I'm taking a guess here, but I think the officer here is hinting that the truck was still occupying part of the lane. That you should have waited to pass until the other driver had completed their lane change, if that was the intent. He hints at it again during your questioning and to be fair, the answer does not come off with pure confidence.
Q: Where were you when you stopped behind the tractor trailer?
A: It looked like it was in the left lane and I was in the right lane.
Q: Where was the trailer?
A: I would say in the left lane.

But then again, there probably would be a more suitable charge if that was the reasoning.

At this point, i'm not entirely sure what the issue is here.

In the end, it's quite possible the other driver doesn't even show up to a trial, so you at least have that going for you.


seanprokopec
Newbie
Newbie
Posts: 11
Joined:

Unread post by seanprokopec on

bend wrote:
Thu Mar 15, 2018 11:03 pm
The signalling is largely irrelevant. A signal is not an open invitation to change lanes willy nilly. Either a lane change can be made safely or it can't.

Based on your first post alone, it would be easy to assume the truck driver is at fault, which is why I think people are asking a lot of questions. While I sympathize with the disadvantages of making a wide turn in an 18 wheeler, he's not free to make that maneuver without possible consequence, signal or no signal.

I'm trying to see what an officer would have seen to deem you worthy of a charge.
Q: How much of the trailer blocked the other lane?
A: At least half of the lane was blocked.
I'm taking a guess here, but I think the officer here is hinting that the truck was still occupying part of the lane. That you should have waited to pass until the other driver had completed their lane change, if that was the intent. He hints at it again during your questioning and to be fair, the answer does not come off with pure confidence.
Q: Where were you when you stopped behind the tractor trailer?
A: It looked like it was in the left lane and I was in the right lane.
Q: Where was the trailer?
A: I would say in the left lane.

But then again, there probably would be a more suitable charge if that was the reasoning.

At this point, i'm not entirely sure what the issue is here.

In the end, it's quite possible the other driver doesn't even show up to a trial, so you at least have that going for you.

Honestly, the biggest reason I wanted to go to court over this ticket was the fact that the Officer was unclear with what I had done to be issued the ticket. I still don't understand and would really like to know. I contacted him and was given an evasive answer.

That being said, I was hoping maybe someone here would have some insight. I have never been to court over a ticket before and I have read over the guide posted on the Ministry website regarding court procedure. I will be defending myself and I was hoping that I might have some assistance as to how I could prepare a defense based on the above information in the event where both the Police officer and the truck driver show up to provide statements.


whaddyaknow
Jr. Member
Jr. Member
Posts: 63
Joined:

Posting Awards

Unread post by whaddyaknow on

I'm hoping that some members with court experience will chime in. I'm a retired driving instructor but don't claim any expertise at all in court. From my perspective, though, based on what you've said, you should have a good chance at winning, as I don't see any evidence that your turn was improper. I would suspect that, under cross-examination, the officer won't be able to provide this evidence either.

But again, I defer to better minds than mine!






Post Reply

Return to “Improper right turn”