Police did not check my information

Hoodedvillan
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Police did not check my information

Unread post by Hoodedvillan on

I am from Windsor and did a right turn on Strathearn Rd. The sign said no right turns between 4-7 pm. there was construction and im not used to the traffic (still not valid excuses). When I turned i noticed the police car and pulled to the side of the road. The officer was about 15 meters away. myself and my girlfriend were debating what to do. Anyway the officer signaled us to come closer. so i drove closer and he asked for my info i gave it to him and he gave me a ticket violating HTA 144(9). Having said that when he asked for my information he immediately proceeded to write me the ticket. As where he signaled me to was about 10 meters to his car. Can there be an argument made that he did not follow proper procedure of checking my information in his vehicle/computer and went ahead to give me a ticket?

I have decided to take it to court and the goal is to avoid the price hike on the insurance:

Can I make a By-Law (Prohibited Right Turn) Argument?
Can I plead to reduce it to a non-moving violation?

Thank you all for your advice in advance!


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Simon Borys
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Unread post by Simon Borys on

The officer doesn't have to check your information before he issues you a ticket.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


tdottopcop
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Unread post by tdottopcop on

There is no lawful requirement for your information to be checked by the officer, and is therefore not a defence.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


Stanton
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Unread post by Stanton on

Hoodedvillan wrote: Can I make a By-Law (Prohibited Right Turn) Argument?
Can I plead to reduce it to a non-moving violation?
1) Possibly, if Windsor even has a bylaw covering such an offence. Not all municipalities do.
2) I'm not sure what you mean by a non moving violation. Insurance companies look at ALL convictions, they don't classify them as moving vs non moving violations (which is more of a US term anyway).


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Radar Identified
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Unread post by Radar Identified on

You could try to plea-bargain to a municipal by-law infraction, which shouldn't affect your driver record.
* 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


Hoodedvillan
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Unread post by Hoodedvillan on

Thank you everyone for your responses. I am from Windsor but received the infraction in Toronto. I will definitely try the by-law. Do i simply ask the prosecution before the trial if s/he is willing to bargain? and reduce it?






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