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Your driving instructor is right. Waiting for someone who is turning into an entirely different lane to complete their turn would be a bit too cautious. In fact, you completely followed the law. Here is, verbatim, what section 141 (6) of the Highway Traffic Act says:

Left turn, at intersection

(6) Where a driver or operator of a vehicle intends ...

Just for my own recall here... that traffic island forced everyone in the right lane to take the Gardiner ramp, which is what you're saying, correct? If someone in the right lane would've had to drive over the island to get to Lakeshore Boulevard, I think you're in the clear with this one.

As FiReSTaRT said, the ticket is based on what happened at ...

I want to know if a 'counter factum' should be filed?

Think this is a good question for ticketcombat. Or possibly some others who have real legal experience. From my strictly layperson's perspective (defended myself twice on traffic tickets, also observed quite a few provincial offences trials), I'd say yes, file a counter-factum... hopefully ...

I'd fight it. Four tickets is going to shoot your insurance to the top of Mount Everest. If you get a paralegal to fight it, find out if they'll fight it all the way, or if they'll just plea-bargain for you. If they're just going to plea-bargain it down to 15 over, which is zero demerit points, you can do that yourself. It would save you the $300 ...

New York is supposed to report it to Ontario and it's supposed to go on your driver record. I've heard of some instances where it hasn't happened, though. Right now, Ontario has an arrangement with all provinces and territories, and about 40 US states so that if a ticket isn't paid, the driver's licence will be suspended by their home province or ...

Just to be sure, which section were you charged under?

Thought I'd post some info about fines and traffic laws in the state of Michigan. A lot of Ontarians drive through Michigan; cities like Windsor, Sarnia and Sault Ste. Marie have residents who cross-border commute into Michigan (I used to be one of them); and of course there is the cross-border shopping. Michigan has full traffic-ticket reciprocity ...

Question remains -- does this quash apply to all such alterations before trial or just this specific flaw?

You can try that argument. I think there's a good chance it will work. If no amendment had been made by the officer, then it could be corrected by the court. If the officer amends the ticket before filing, well, you can cite the ruling in ...

Yep... double the limit plus 50... yawn...

Maybe one of the people caught going about 140 on Lakeshore was the guy in this story.

210 in an 80 through Caledon. Holy cow.

50 km/h speed limit, mostly days, marked unit, radar/lidar. Speeds increase dramatically east of Yonge Street as Queen's Quay turns from the more pedestrian-friendly Harbourfront area (Queen's Quay Terminal, Wave Decks, Music Garden, Island Ferries, etc), to industrial (Redpath Sugar Refinery). Between Yonge and Cherry Street people drive fast with ...

60 km/h speed limit, day and night, marked/unmarked units, LIDAR. Usually 2 to 4 officers stationary manning a tripod, just west of Dowling, in front of the Boulevard Club. Toronto Police say that this is their most productive speed trap. Vehicles have been clocked in excess of 140 km/h here.

It is a 144, 18 ticket--so that's the wrong thing you think, huh?


I do. The officer can contend that you would have gone through the light, but if you did not cross or fully enter the intersection, you stopped. Here are the relevant parts of the Highway Traffic Act, just for illustration.

You are charged under this section:

(18 ) Every ...

I know this forum serves the general public well in guiding them through the procedures in court and how to prepare a proper defense against charges like speeding, but has anyone actually used the by-law missing from the disclosure as a way to have their charge withdrawn

I've seen it used as an argument for improper disclosure where the by-law ...

As for getting your name completely wrong... good question. A misspelled name is not a "fatal error" that would render the ticket invalid. A MISSING name would be a fatal error, but as for getting your name mixed up... that's kinda borderline, I think. Only part of your name is incorrect... so I can't say definitively. Anyone else??

Big thing is ...

hwybear wrote:Or what if the vehicle was on "cruise control" and person was sitting in the back then what?

That would be... hmm... stunt driving!!

Just out of curiosity, what road did this happen on? I think you could win this case. I can't say for sure without getting a really good picture, but it does seem like the other driver should've been charged with careless driving or at least an unsafe/improper turn.

Anyway... some generic advice... if you haven't already, re-visit the scene of ...

Don't know of anyone in Kenora specifically, sorry. Couple of things I can answer in the mean time:

Is there any way in wich i can transfer my case from Ontario to Alberta because at the end we are in same country...

No. You are charged in Ontario, under the Highway Traffic Act of Ontario. Alberta won't hear the case. Same country yes, but the ...

Most officers are using the Highway Traffic Act section 172 (stunt driving) charge instead of section 128 (speeding) for 50 km/h or more over the limit, since 50 km/h or more over the limit is defined as "stunt driving." Some officers will use section 128 but it depends. Challenges to the law are working their way through the courts but it will ...

My question is....is this a failure to yield, an improper RH turn or something
else entirely?


If I'm understanding your question correctly...

If you're in the left lane, and a driver who is pulling out from a driveway or parking lot that is to your right, and the driver turns into the right lane, there's nothing wrong with that. It's not ...

You can also call the Crown Prosecutor's office in advance of the day of trial and offer to plea bargain. But yes, if you aren't going to plea-bargain on the day of trial, then you'd have to go to the Prosecutor's office to make the deal a couple of days (or weeks) before your trial date. It's one way of doing it.

Sending him to the Don Jail or Metro East Detention for a week would probably teach him a good lesson - particularly the Don Jail.

Put it this way: Let's say a cellphone addict runs a red light. He gets honked at. He turns to look at the horn-honker, glares at him, and gives him the finger... and drives square-on, dead-centre, into a parked police cruiser. (This has happened, by the way.) Is the horn-honker responsible? No! Is he part of the accident? No, he's a witness only ...

hwybear wrote:RI - that link did not work ??

It does now. My fault, should've cut-and-pasted the link from the address bar instead of typing it out.

This website may be useful. It explains the process of medical suspensions of your driver license and, more importantly, a bit about how to get it back.

http://www.ppao.gov.on.ca/inf-dri.html

The key thing is that you can appeal your license suspension. The province has a Licence Appeal Tribunal for reasons like this. Call them at 1-800-255-2214 ...

Plea-bargaining could definitely work, as Bookm says. You're preparing to attend university, don't have a job and are trying to save money and made a "youthful mistake." Tell that to the Prosecutor and that you're sorry and you've learned your lesson, and you really don't want to drag this whole thing into court and go through a trial, and you're ...

For your driving record, go to http://www.mto.gov.on.ca/english/dandv/ ... cord.shtml

It's $12 for a driver record, and $18 if you want it court-certified. They'll send it to you.

Carbon-copy of the signature should be good enough. If the signature was missing entirely, that would be a fatal error. To tell you the truth, the Justice in the trial you mentioned seems like he made a mistake, but I can't say for sure.

It's not the Highway Traffic Act that specifies the ticket requirements and so on, it's actually the Provincial ...

Paralegal would be a good idea. It may cost more than the actual ticket, but it's not just the $$$$ on the ticket, it's the insurance costs. In the end, hiring a paralegal usually ends up costing less overall than just paying it. They should be able to get it reduced or dropped. That's my suggestion, anyway. X-Copper sponsors this website so might ...

I wonder what he might've turned away for...

(Cellphone... text message...)