Improver Right Turn on Eglington from 403

downtown
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Improver Right Turn on Eglington from 403

Unread post by downtown on

Today I got a ticket for an improper right turn. I was exiting the 403 onto Eglington and while there is right turn lane onto the west bound Eglington i went to the light and turned right. Naturally there were two officers there ticketing many for this.

My question; Is this really an improper right turn when the there is not a no right turn sign in that lane? Also, if this is a legitimate offence how can i get out of the ticket or plead to something that is not a traffice ticket that costs me points and affects my insurance?

thanks,


iFly55
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Unread post by iFly55 on

As you exit off the 403 there are black and white signs which indicate the direction of travel assigned to each lane: http://goo.gl/maps/gVUAn

If you turned from the middle lane you disobeyed those enforceable black & white signs and HTA S.141 requires right turns to be made from the right lane.

http://www.e-laws.gov.on.ca/html/statut ... uote]Right turn at intersection
(2) Where a driver or operator of a vehicle intends to turn to the right into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the right-hand lane or, where it has no such marked lanes, by keeping immediately to the left of the right curb or edge of the roadway and he or she shall make the right turn by entering the right-hand lane of the intersecting highway where the lane is marked or, where no such lane is marked, by keeping immediately to the left of the right curb or edge of the roadway being entered. R.S.O. 1990, c. H.8, s. 141 (2).[/quote]http://www.e-laws.gov.on.ca/html/statut ... .htm#BK261
Signs to be obeyed
(2) Every driver or operator of a vehicle or street car shall obey the instructions or directions indicated on any sign so erected. R.S.O. 1990, c. H.8, s. 182 (2).
Is it also possible that your middle lane right turn went into the far left lane on W/B Eglinton rather than the middle lane on W/B Englinton http://goo.gl/maps/JCf7K

What was the specific HTA section written on the offence notice?


downtown
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Unread post by downtown on

Yes i entered into the immediate right lane next to the meadian and not the far left lane. The charge that is on the ticket is HTA Section 141(2).


Stanton
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Unread post by Stanton on

I don't think you were charged under the correct section. In my mind what you did was lawful under section 141(2). The right hand turn lane branches off before you reached the traffic lights, so at the time you made your turn you were in the correct lane.

I think the proper charge would have been "fail to obey lane sign" under section 154(1)(c), since you used a designated left turn lane to turn right.

Obviously you shouldn't have turned right, but I'm wondering if the section they charged you under would be enough to get off in Court.






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