Hey guys, wanted to know if anyone has had a similar situation, and if you have any advice: I was travelling E/B on Dundas St and had a green light to turn S/B on Spadina Ave. There's a no right on red sign, I observed it. I initiated my maneuver, slowly pulling my car into position to make the turn. This intersection is super busy, and there was a group of pedestrians who were painfully slowly making their way across. I looked and saw my light had gone to amber, but there were still pedestrians in my path, although I was now well into the intersection and right S/B lane. I never looked to see if the light turned red as I was keeping my eye on the people [now jaywalking] I didn't want to run over. Anyway, made the turn and was shortly after pulled over. Cop says he's got me doing it on video, and gave me the ticket. I'll be pleading not guilty and requesting a trial, as well as full disclosure [including the video]. Anyone here have similar cases? Driving in a city like Toronto can be tricky, and certain rules of the road apply [in my case, talking about getting into position when it comes to heavy pedestrian traffic]. Not sure what the word is on that. Also wondering if anyone here has requested a disclosure with video and if it was provided and in what format etc. Any other advice would be great too. Thanks
Hey guys, wanted to know if anyone has had a similar situation, and if you have any advice:
I was travelling E/B on Dundas St and had a green light to turn S/B on Spadina Ave. There's a no right on red sign, I observed it. I initiated my maneuver, slowly pulling my car into position to make the turn. This intersection is super busy, and there was a group of pedestrians who were painfully slowly making their way across. I looked and saw my light had gone to amber, but there were still pedestrians in my path, although I was now well into the intersection and right S/B lane. I never looked to see if the light turned red as I was keeping my eye on the people [now jaywalking] I didn't want to run over. Anyway, made the turn and was shortly after pulled over. Cop says he's got me doing it on video, and gave me the ticket.
I'll be pleading not guilty and requesting a trial, as well as full disclosure [including the video].
Anyone here have similar cases? Driving in a city like Toronto can be tricky, and certain rules of the road apply [in my case, talking about getting into position when it comes to heavy pedestrian traffic]. Not sure what the word is on that.
Also wondering if anyone here has requested a disclosure with video and if it was provided and in what format etc.
I took some time today to go over the Ontario Highway Traffic Act and found this portion: Blocking intersection 145. (1) The council of a municipality may by by-law prohibit a driver or street car operator approaching, at an intersection, a traffic control signal showing a circular green or green arrow indication from entering the intersection unless traffic in front of him or her is moving in a manner that would reasonably lead him or her to believe he or she can clear the intersection before the signal indication changes to a circular red indication. R.S.O. 1990, c. H.8, s. 145 (1). Idem (2) A by-law passed under subsection (1) does not apply to a driver or street car operator who enters an intersection for the purpose of turning to the right or left into an intersecting highway and signals his or her intention to make the turn prior to entering the intersection. R.S.O. 1990, c. H.8, s. 145 (2). I'm wonder if section two would specifically apply to my situation, as I had began my turn on a green light, with proper turn signal, and was well into my turn before the light went supposedly red [once again, due to pedestrians not abiding by the law]? It sounds like a grey area that maybe I can use to argue my case? Any advice would be great!
I took some time today to go over the Ontario Highway Traffic Act and found this portion:
Blocking intersection
145. (1) The council of a municipality may by by-law prohibit a driver or street car operator approaching, at an intersection, a traffic control signal showing a circular green or green arrow indication from entering the intersection unless traffic in front of him or her is moving in a manner that would reasonably lead him or her to believe he or she can clear the intersection before the signal indication changes to a circular red indication. R.S.O. 1990, c. H.8, s. 145 (1).
Idem
(2) A by-law passed under subsection (1) does not apply to a driver or street car operator who enters an intersection for the purpose of turning to the right or left into an intersecting highway and signals his or her intention to make the turn prior to entering the intersection. R.S.O. 1990, c. H.8, s. 145 (2).
I'm wonder if section two would specifically apply to my situation, as I had began my turn on a green light, with proper turn signal, and was well into my turn before the light went supposedly red [once again, due to pedestrians not abiding by the law]?
It sounds like a grey area that maybe I can use to argue my case?
Stanton, thanks for replying. I was thinking of referring to section 145 to show that I did not have to stop at the marked stop line in order to initiate my turn on a green light [as I did]. And due to the circumstances, in my case a group of pedestrians blocking my view on the right. I had to cautiously enter my turn, well into the intersection, in order to see if my way was clear. And by then I would have been blocking traffic if I remained where I was. Not sure if this makes sense. To update, I ended up going to an Ontario Court in the GTA and not the one listed on the ticket. The clerk hesitantly accepted my Notice of Intention to Appear because, as she put it, "It was not on yellow paper." She then accepted it, stamped it, and said it will be mailed to the Toronto court. Should I follow up if I don't receive my Notice of Trial in the mail? Thanks again.
Stanton, thanks for replying. I was thinking of referring to section 145 to show that I did not have to stop at the marked stop line in order to initiate my turn on a green light [as I did]. And due to the circumstances, in my case a group of pedestrians blocking my view on the right. I had to cautiously enter my turn, well into the intersection, in order to see if my way was clear. And by then I would have been blocking traffic if I remained where I was. Not sure if this makes sense.
To update, I ended up going to an Ontario Court in the GTA and not the one listed on the ticket. The clerk hesitantly accepted my Notice of Intention to Appear because, as she put it, "It was not on yellow paper." She then accepted it, stamped it, and said it will be mailed to the Toronto court. Should I follow up if I don't receive my Notice of Trial in the mail?
If you were across the stop line and well into the intersection when the light was green, then you did not commit an offence. You'd have to testify to that fact, and be credible in your testimony. I can't say if it would work, but if you really didn't enter the intersection on red, you didn't break the law. If the officer has it on video, then it should be open-and-shut. If you decide to fight the charge, you should indicate that the officer says he has video, and you will need a copy of the relevant video portion if it is going to be used in court.
If you were across the stop line and well into the intersection when the light was green, then you did not commit an offence. You'd have to testify to that fact, and be credible in your testimony. I can't say if it would work, but if you really didn't enter the intersection on red, you didn't break the law.
If the officer has it on video, then it should be open-and-shut. If you decide to fight the charge, you should indicate that the officer says he has video, and you will need a copy of the relevant video portion if it is going to be used in court.
* 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
Radar, Thanks for replying. You've outlined my position on it. And I will most definitely be asking for disclosure of the video for trial [since the officer made such a point about it]. I'm 100% confident in my having initiated the turn on a green, so hopefully I can get access to the video and argue my case well. Thanks again for the reply.
Radar,
Thanks for replying. You've outlined my position on it. And I will most definitely be asking for disclosure of the video for trial [since the officer made such a point about it]. I'm 100% confident in my having initiated the turn on a green, so hopefully I can get access to the video and argue my case well.
When you get disclosure, post the results here (editing out personal information) and we'll see what we can do to help you put your case together.
When you get disclosure, post the results here (editing out personal information) and we'll see what we can do to help you put your case together.
* 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
Just an update on my charges [I forgot to mention a CAIA 3(1)] with some good news: I received a Notice of Trial in late December, with a court date set for early March. Over the ensuing months I sent three Disclosure Requests [which I wrote up on my own based on the TicketCombat example]. I did not hear anything from the Prosecutor's office, and arrived early on my scheduled court date with copies of all of Disclosure Requests prepared to face opposition from the Crown to my non-disclosure arguments. I checked in with the Prosecutor, and when she asked me what I'm hoping to get, I told her that all I wanted was Disclosure :) . She asked when I first requested it and I told her that it was in late December of last year . She noted this and in I went and sat down for a comfy hour before being called up [those courtrooms are really hot]. The Prosecutor, noting two Disclosure Requests dating back to Dec, was approached by the Constable, who mentioned something about receiving the requests only a few days prior. They whispered a bit, and the Prosecutor then withdrew the charges. Just like that. I thanked the Justice, the Prosecutor and the Constable and ran off into the sunset [not exactly]. OBSERVATIONS: 1. A lot of people, about 85%, plead guilty to a lesser charge. Only Paralegals ever mentioned Disclosure issues, and I doubt any civilians on that day were even aware of it. About 50% of Paralegals also plead to a lesser charge. In other words, someone just blew $250. 2. It seems that sending in Disclosure Requests to Old City Hall by registered mail isn't reliable. I was told by a legal advisor that registered mail is usually signed by whomever at the Court House and might not make it to the Prosecutor. Since this was the case with me, I would advise on not spending the money. Fax it in [both fax requests were acknowledged by the Crown] or bring it in person. 3. Adjournments were granted for Disclosure issues only when only one Disclosure Request was made, the Prosecutor withdrew all charges for Disclosure issues where more than one Request was made. I believe this is due to possible Charter motions [section 7, 11d and potentially 11b]. Just speculating though. It worked in my favour, thus no complaints. 4. THE MAJORITY OF PEOPLE REPRESENTING THEMSELVES are unfamiliar with the process. Use it to your advantage. A Prosecutor is less willing to battle it out with someone who knows their rights, the Prosecutors' responsibilities, and how to file a Charter Motion. This all considering the severity of the charge, of course, and whether or not the cards play in your favour prior to the trial [ie Disclosure issues]. Thank you to all of the contributors on this site who have guided me along on my first journey of dealing with traffic court. You guys offer a wealth of knowledge on here and have provided me with a concise starting point when it came to educating myself about the legal process in Ontario's POA courts. Essentially, if you are reading this as I would have months ago, your best bet is to start familiarizing yourself with the legal process, your rights, and case law. There's a wealth of information on this forum just a search query away. Good luck and have fun!
Just an update on my charges [I forgot to mention a CAIA 3(1)] with some good news:
I received a Notice of Trial in late December, with a court date set for early March. Over the ensuing months I sent three Disclosure Requests [which I wrote up on my own based on the TicketCombat example]. I did not hear anything from the Prosecutor's office, and arrived early on my scheduled court date with copies of all of Disclosure Requests prepared to face opposition from the Crown to my non-disclosure arguments. I checked in with the Prosecutor, and when she asked me what I'm hoping to get, I told her that all I wanted was Disclosure . She asked when I first requested it and I told her that it was in late December of last year . She noted this and in I went and sat down for a comfy hour before being called up [those courtrooms are really hot].
The Prosecutor, noting two Disclosure Requests dating back to Dec, was approached by the Constable, who mentioned something about receiving the requests only a few days prior. They whispered a bit, and the Prosecutor then withdrew the charges. Just like that. I thanked the Justice, the Prosecutor and the Constable and ran off into the sunset [not exactly].
OBSERVATIONS:
1. A lot of people, about 85%, plead guilty to a lesser charge. Only Paralegals ever mentioned Disclosure issues, and I doubt any civilians on that day were even aware of it. About 50% of Paralegals also plead to a lesser charge. In other words, someone just blew $250.
2. It seems that sending in Disclosure Requests to Old City Hall by registered mail isn't reliable. I was told by a legal advisor that registered mail is usually signed by whomever at the Court House and might not make it to the Prosecutor. Since this was the case with me, I would advise on not spending the money. Fax it in [both fax requests were acknowledged by the Crown] or bring it in person.
3. Adjournments were granted for Disclosure issues only when only one Disclosure Request was made, the Prosecutor withdrew all charges for Disclosure issues where more than one Request was made. I believe this is due to possible Charter motions [section 7, 11d and potentially 11b]. Just speculating though. It worked in my favour, thus no complaints.
4. THE MAJORITY OF PEOPLE REPRESENTING THEMSELVES are unfamiliar with the process. Use it to your advantage. A Prosecutor is less willing to battle it out with someone who knows their rights, the Prosecutors' responsibilities, and how to file a Charter Motion. This all considering the severity of the charge, of course, and whether or not the cards play in your favour prior to the trial [ie Disclosure issues].
Thank you to all of the contributors on this site who have guided me along on my first journey of dealing with traffic court. You guys offer a wealth of knowledge on here and have provided me with a concise starting point when it came to educating myself about the legal process in Ontario's POA courts. Essentially, if you are reading this as I would have months ago, your best bet is to start familiarizing yourself with the legal process, your rights, and case law. There's a wealth of information on this forum just a search query away. Good luck and have fun!
Congratulations. Nice! And thank you for posting the follow-up.
Congratulations. Nice! And thank you for posting the follow-up.
* 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
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…