A place to discuss any general Highway Traffic Act related items.

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FiReSTaRT
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by: FiReSTaRT on

Welcome aboard. I don't know the intersection well, but if the constable is confused about the signage, you should take a few pictures.

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
Zyrynx
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by: Zyrynx on

I did take several pictures. I also forgot to mention in my first post that the offense I was charged with -

Red light

144(18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18).

- this sign is nowhere to be seen, it does not exist in this intersection.

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racer
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by: racer on

So wait, there is no traffic light on the intersection?

"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
Zyrynx
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by: Zyrynx on

There is a traffic light, but no sign specifically stating no right turn on red light.

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hwybear
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by: hwybear on

If a green arrow is shown for drivers to make a left, you can not turn right on the red.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Radar Identified
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by: Radar Identified on

I drove by Allen & Eglinton today. Zyrynx is right, there is no sign indicating no turn. I also noticed that it was either all full green or full red, since it's the end of the Allen Expressway. So take a photograph showing that there is no sign. Read over the disclosure package you get carefully. See if there's anything that the officer saw that he didn't mention to you. When it goes to court, ask the officer:


Did you observe me stop for the red?

I then turned right, on the red, correct?

(As mentioned under "improper right turn", read him sections 144 - 18 and 144 - 19 of the HTA.)

Do you agree that those are correct?

Was I charged under that section?


Use the officer's own evidence to show that you complied with 144-18 and 144-19 of the HTA. If the "sign" issue comes up, present the photograph with a date-time stamp showing there is no sign. "Stop here on red signal" (which does exist) does not count as "no right turn on red." In closing arguments, state the Crown has failed to prove its case. That should be enough to get found not guilty.

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racer
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by: racer on

"Stop here on red signal" sign is basically shown instead of a white line.

"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
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