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!
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?
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).
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).
You could try to plea-bargain to a municipal by-law infraction, which shouldn't affect your driver record.
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
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?
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?
I was at my parents' house in Mississauga early this week, and my mother told me about this SUV which always parks down the street for four to six hours a day, headlights on and the occupants inside. When she takes her afternoon walk, she will usually see a man and a woman inside smoking or…
Last week, around 9:30 at the Britannia water purification plant (Ottawa), undercover cops put on their lights. I was outside of my mom's vehicle (van) about to go for a simple #1 in the bushes (even had a bunch of tissues in my hands) when one officer asked me what I was doing (my bf was also…
We are living in the age of digital video. HD 720p and 1080p CRYSTAL CLEAR Video. If a picture is worth a thousand words, then a video is worth a million.
I had video evidence for a case but it was not accepted. I apparently did not submit it properly/ at the right time. Despite this I had my ticket…
According to current regulations, no electric car can be driven in Ontario (and anywhere else in Canada except BC). Do you find it somewhat ridiculous that, despite all the fanfare about the environmentally friendliness talk, and high gas prices moans, we cannot use the most…
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
I might be moving from Manitoba to the Ottawa area.
My question is, I drive a 4x4 truck and my summer tires stick out beyond the fenders about 1.5-2inches. Is that illegal in Ontario? If so will installing fender flares take care of the problem? Also the truck has True dual exhaust (2 pipes from…
Okay so while at school today i parked on a residential street in Hamilton Ontario. the person in front of me did not pull up very far so i was forced to park fairly close to the driveway of the house i was in front of. I got out to make sure they had plenty of room to drive out if they wanted to,…
Just wondering if I can get some help on what to do for this ticket. I have a court date on August 17th. I simply cannot afford this. I haven't had an offence in years, and pay attention to my speeds now. One night when I was too focused on the road and not the speedometer, I get pulled…
I got pulled over for doing 147 in a posted 90 zone on hwy 17 heading east towards Ottawa where I live. My car was impounded for 7 days and the officer took my licence. I'll probably go with one of those traffic ticket places. I don't feel like driving to North Bay 4 or 5 times.
