Re: Disobey Sign: Illegal Right Turn Addendum:
After the arraignment I went down to the prosecutors office and explained my situation to someone there (a clerk, possibly). He was also confused and called over a prosecutor who apparently knew more on the matter. That prosecutor said that ofte…
Re: Disobey Sign: Illegal Right Turn Went to court today, here's how it went down:
- Came to court with a big envelope of photos and other evidence
- Asked prosecutor for a plea to TMC. She declined.
- During a recess the cop approached me and asked if I was sure to come to trial. I said yes…
Re: Disobey Sign: Illegal Right Turn I was charged with "disobey sign: HTA 182(2)". I did quickly tell the prosecutor I'd plead guilty right away to any charge not under the HTA but she rejected that out of hand. Next week I'll try to be more specific and bring up the section of th…
Re: Disobey Sign: Illegal Right Turn Yes, I could also argue that, but I don't think I will unless I have to.
It doesn't say the dash has to be there but the image itself forms part of the law, and typically, when a range of times is provided on official signs there's a dash to signify it, a…
Re: Disobey Sign: Illegal Right Turn Well, specifically my argument is that either a) the sign is invalid since it lacks every element of a prohibited right turn sign
Or b) if the sign is valid then it only prohibits turns at 4pm and 6pm, not between the two, as there is no dash which typica…
Re: Disobey Sign: Illegal Right Turn Ok, my trial is in a week and I think I have a pretty decent defense, I'll post it a bit later but hopefully for now someone can help me confirm the following:
Can I argue that failing to obey a sign is strict liability in the case that the sign itself i…
Re: Disobey Sign: Illegal Right Turn Thank you everyone for your help and advice.
I went back to the intersection to take another look at the sign. I noticed that it was missing two components:
a "dash" between 4pm and 6pm was not present
and the "dash" between Mon - Fri…
Re: Disobey Sign: Illegal Right Turn jsherk wrote:HMRCAF wrote:Do you think the fact that the sign is overwhelmingly unenforced could be used as a defence to get the ticket thrown out or at least reduced to a non-HTA offence?
No! Being unenforced is completely irrelevent and won't help you …
Re: Disobey Sign: Illegal Right Turn jsherk wrote:You might get a plea deal to some lesser charge, but it would still be some kind of traffic violation and still affect your insurance.
I would plead NOT GUILTY and request a trial with the officer(s) present. Once you get your Notice of Tria…
Disobey Sign: Illegal Right Turn I work in a medical center whose parking lot is only accessible through a residential neighbourhood. This neighbourhood has a lot of restrictions on turns during rush hour, including a very convenient turn onto a main street between 4-6pm.
Of course ever…
