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Police did not check my information
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PostPosted: Tue Oct 25, 2011 9:14 pm 
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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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Re: Police did not check my information
PostPosted: Tue Oct 25, 2011 11:35 pm 
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The officer doesn't have to check your information before he issues you a ticket.

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Re: Police did not check my information
PostPosted: Tue Oct 25, 2011 11:38 pm 
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There is no lawful requirement for your information to be checked by the officer, and is therefore not a defence.

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Re: Police did not check my information
PostPosted: Wed Oct 26, 2011 12:37 am 
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Joined: Tue Feb 01, 2011 9:49 pm
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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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Re: Police did not check my information
PostPosted: Wed Oct 26, 2011 6:34 pm 
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You could try to plea-bargain to a municipal by-law infraction, which shouldn't affect your driver record.

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Re: Police did not check my information
PostPosted: Thu Oct 27, 2011 8:14 pm 
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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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