Improper right turn, 141(2) REAL GOOD ONE

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hwybear
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Re: Improper right turn, 141(2) REAL GOOD ONE

Unread post by hwybear on

throwing this out there....regardless of how many lanes, length of vehicle, speed, weather etc.....bottom line is if the other vehicle was stopped in its appropriate lane and was struck, therefore it was not a safe turn..... to me, safe means not hitting anything
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Time Lord
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Unread post by Time Lord on

Sounds like you have a lot of facts and points to help your case. I would go there without any legal representation... statistics prove that those who attend court alone and who have all facts in order and are articulate can stand a better chance than allowing the ```middle men```to do deals on your behalf.... dont forget lawyers and paralegals charge an arm and a leg and are only ever ````practising```` law .... I always go myself to court if neccessary...much better odds...especially as the syatem is stacked against you anyway and lawyers are part of the system.... try your luck
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fingerz
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Unread post by fingerz on

I finally got disclosure, so I though I would let you guys have a peak at it along with 3 out of my 4 witness statements. Let me know your opinions.

Attached is the court info, officer statement and his sketch next post will have the 3 witness statement. I actually have 4 but have not had the chance to pick it up.
Attachments
officers-sketch.jpg
Officer sketch
officers-sketch.jpg (74.03 KiB) Viewed 575 times
Officer-Statement.jpg
officer statement
Officer-Statement.jpg (218.51 KiB) Viewed 575 times
court-synopsis.jpg
court synopsis
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fingerz
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Unread post by fingerz on

Here are the witness statements!
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supervisor-statement.jpg
supervisor statement
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driver1-statement.jpg
driver 1 statement
driver1-statement.jpg (91.98 KiB) Viewed 574 times
patrol-statement.jpg
highway patrol statement
patrol-statement.jpg (156.41 KiB) Viewed 574 times
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Stanton
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Unread post by Stanton on

While I’m no lawyer, I’d say you have some excellent statements for your defence. They seem to cover off the poor road conditions, that you were driving in a reasonably safe manner for the conditions and that you were engaged in your duties at the time.

Have you tried approaching the Crown yet? I personally think they might consider simply withdrawing the charges unless they truly feel they have a reasonable prospect of conviction.
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fingerz
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Unread post by fingerz on

I intend to speak to the Crown in a Pre Trial however for my last ticket this crown seemed to and did not have the time so they say to do such a thing. The crown however was cautioned during Trial time because of the growing size of the lists that he should start holding Pre Trials. Hopefully this time he will.
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fingerz
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Unread post by fingerz on

fingerz wrote:I intend to speak to the Crown in a Pre Trial however for my last ticket this crown seemed to and did not have the time so they say to do such a thing. The crown however was cautioned during Trial time because of the growing size of the lists that he should start holding Pre Trials. Hopefully this time he will.

Well today is the day and the crown has failed to contact me after multiple attempts by myself to have a pre-trial with him. Hopefuly all goes well.
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hwybear
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Unread post by hwybear on

fingerz wrote:
fingerz wrote:I intend to speak to the Crown in a Pre Trial however for my last ticket this crown seemed to and did not have the time so they say to do such a thing. The crown however was cautioned during Trial time because of the growing size of the lists that he should start holding Pre Trials. Hopefully this time he will.

Well today is the day and the crown has failed to contact me after multiple attempts by myself to have a pre-trial with him. Hopefuly all goes well.
think you mean a resolution meeting prior to trial? b/c a pre-trial is still in a court room with a JP. Good luck today
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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fingerz
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Unread post by fingerz on

Well it's been put over until march 29th. I guess the crown thinks he has a case, but all I kept hearing him and the cop saying to each other under there breath is "4 Lanes" as in disbelief that I'm trying to say I slid across 4 lanes. It seems they fail to realize that for the operations I was performing I was intentionally 3 lanes over it's only the 4th one that my vehicle slid over on. Plus when I was there I could not believe the deals the crown was cutting, he was amending all kinds of tickets including some lady who ran into the back of someone else. For this ticket and all the others he amended he changed them to simply by-law infractions vrs HTA. He never offered me no such deal????
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fingerz
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Unread post by fingerz on

My Original posting with my story and my witness statements can be found here http://www.ontariohighwaytrafficact.com/topic4020.html You can see my disclosure and witness statements at that link as well.

So I called the Prosecuter and explained the situation told him about my evidence statements and witnesses and now he wants me to email him copies of the statements, and My witness names and phone numbers. Should I do this, or do I have to do this?




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