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 driving on Eglinton W and turn right on Strathearn (near Eglinton/Allen Road). There was a no right turn (from 3pm to 7pm) sign which I didn't see.
The cop was waiting there, apparently nobody sees the signs but they are there.
I don't believe I have much to do here but, trying to find…
I know this technically doesn't fit on this board (3 demerit points) as it seems that 15km/h over just means a 50 dollar fine, I would like some advise though, I'm not sure how I should proceed.
The incident happened in Feb, driving south on highway 400 near Barrie. I was in the fast lane, doing…
Quick question about debris (broken taillights ect) from an accident and responsibility.
If someone hit something that broke off (not cargo), but 30 minutes after the original accident and other cars managed to avoid everything. The debris was avoidable who is responsible for damage to that car.
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
First post..... My fiancee this week was in an accident and she was handed a 3 demerit point 154 (1) (a) charge for 115 dollars or something and 3 demerit points.
Demerit points do not matter to insurance companies, convictions do ... is there a chance that she could go to court and the…
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster…
Got stopped for what I thought was going to be speeding, officer apparently had other ideas which needless to say surprised the heck out of me since Im positive I was not going over 150.
Ive done a LOT of reading already on here, Ticket Combat and some specific cases on Canlii (need to look up even…
I just received my first stop sign ticket in Markham. Has anyone successfully defended a stop sign ticket? If so, what strategies did you use? The officer that pulled me over said I slowed down but didn't stop. I felt that I stopped momentarily. I have no previous moving violations or…
