Hi My schedulled court date is very soon and I need some urgent help. Basically it was a sign that says no right turn in rush hour (4-6pm) and I turned right at 5pm. I am a student and I need my vehicle for work and I really cannot afford the spike in insurance. The truth is the cop was basically hidding there pulling cars over every 5min or so. The right lane i was in ends in about 3 meters pass the intersection (that 3 meter space is usually used by the buses, as there is a bus stop there, then the concrete side pavement curves in and ends the right lane shortly after the intersection). It was green light with traffic on my left when I turn right and there was a bus at the front. In other words, at that point, I couldnt have merge to the left lane right away due to ongoing traffic and I couldn't go straight because of the bus infront. I want to argue the case as I was unfamiliar with the area and was at a point of no return by the time i saw the prohibite sign. I do realize that the safer thing to do was to just stop infront of the intersection despite green light, and wait to merge left. Now, anyone can give me advice about my case? is it good/bad? anyway i can improve it?
Hi
My schedulled court date is very soon and I need some urgent help.
Basically it was a sign that says no right turn in rush hour (4-6pm) and I turned right at 5pm. I am a student and I need my vehicle for work and I really cannot afford the spike in insurance.
The truth is the cop was basically hidding there pulling cars over every 5min or so. The right lane i was in ends in about 3 meters pass the intersection (that 3 meter space is usually used by the buses, as there is a bus stop there, then the concrete side pavement curves in and ends the right lane shortly after the intersection). It was green light with traffic on my left when I turn right and there was a bus at the front. In other words, at that point, I couldnt have merge to the left lane right away due to ongoing traffic and I couldn't go straight because of the bus infront. I want to argue the case as I was unfamiliar with the area and was at a point of no return by the time i saw the prohibite sign.
I do realize that the safer thing to do was to just stop infront of the intersection despite green light, and wait to merge left. Now, anyone can give me advice about my case? is it good/bad? anyway i can improve it?
That really doesn't sound like a defence so much as an admission of guilt with an explanation as to why. Maybe someone with more experience can advise you if that will fly in court as a defence. If not, you're probably better off trying to work out a deal with the prosecutor or simply request to plead guilty with an explanation in hopes the J.P. will lower your fine.
That really doesn't sound like a defence so much as an admission of guilt with an explanation as to why. Maybe someone with more experience can advise you if that will fly in court as a defence. If not, you're probably better off trying to work out a deal with the prosecutor or simply request to plead guilty with an explanation in hopes the J.P. will lower your fine.
Personally I don't think what you've outlined is enough for a due dilligence defence, which is essentially what you're trying to argue. You're trying to say, "I did everything I could to avoid committing the offence." But I think the rebuttal to that is, "you could have done more - like go slower, be more observant, etc."
Personally I don't think what you've outlined is enough for a due dilligence defence, which is essentially what you're trying to argue. You're trying to say, "I did everything I could to avoid committing the offence." But I think the rebuttal to that is, "you could have done more - like go slower, be more observant, etc."
If the officer shows up, it would be best to take a plea-bargain, like a municipal by-law offence. Your lack of familiarity with the area is not a sufficient defence and the JP won't buy it... unless you get a really sympathetic JP who has a hate-on for the Prosecutor (don't be on that). You could argue the sign was obscured and it was too late to stop turning, but you'd need to give some fairly credible testimony, and also show how the sign was obscured. Even then, it's not really guaranteed to work.
If the officer shows up, it would be best to take a plea-bargain, like a municipal by-law offence. Your lack of familiarity with the area is not a sufficient defence and the JP won't buy it... unless you get a really sympathetic JP who has a hate-on for the Prosecutor (don't be on that). You could argue the sign was obscured and it was too late to stop turning, but you'd need to give some fairly credible testimony, and also show how the sign was obscured. Even then, it's not really guaranteed to work.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly…
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a…
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…