Hello All, Today I was driving in an unfamiliar area in York Region (Markham). I was driving westbound in the inside lane on a 2 lane road in heavy traffic. I turned into a dedicated left turn lane and made the turn immediately due to the opening in oncoming traffic. Once I made the turn, I noticed a police officer parked in their typical "quota grab position" already speaking to another driver he had caught. As he leaves the other drivers window, he signals me to pull over. I am not sure what he saw because he was preoccupied by the other driver. It is not illegal to drive straight through or make a right onto the street in question. At this point, I had not figured out that I had done anything wrong, aside from the fact that I was being pulled over. The officer tells me that left turns were not allowed between the hours of 7-9am (it was 8:30am). I questioned him about where the signage was and he attempted to point it out to me. I could not see the sign from where I was stopped. He claimed that this sign had been there for more than 4 years, even though the person that I was meeting denied that claim, it was fairly new, not that this was important. He gave me (and the car in front of me) the ticket for 182 (2) and I went about my business. On my way out of the area I went back to the site to see where this sign was and take photos. I noticed that there was a sign on the curb side grassy area on a telephone pole directly across 3 lanes from the dedicated turn lane. In other words, you would already be in the left turn lane before even seeing this sign and this is assuming that your view of the sign was not blocked by the 2 lanes of bumper to bumper traffic to my right. However, there is another sign on the southbound road about 5 feet down the street on the far side, it is difficult to see from the turn lane unless you know to look down the street for it and likely have already begun your turn. One would imagine that these signs could be better placed to inform drivers. They are perfectly placed for being hidden. As additional information, there is a relatively new cement median to my left and it was surrounded by construction pylons obviously taking some of my attention away from signage. Of course, the median would have been a perfect place for a clear no-turn sign but there was none. Needless to say, had either of these signs been visible, I would have avoided the turn. I do plan to fight this in court using the typical disclosure process, so I have a few questions: 1) I know that "ignorance of the law" is not a defense but the placement of these signs made it extremely difficult to see and the median would have been a much more reasonable and visible place for such a sign. Is there any case to be made that even though I broke the law, it was due to poor signage? A side note, are there any laws that regulate where/how signage must be placed? 2) On the ticket there are the typical 2 options: guilty/pay and trial. But there is an option "early resolution" to meet with a prosecutor to try and deal with this ahead of time. It has been a while since my last ticket and I am not sure if this option is new? I do know you meet with a prosecutor before your court date but I don't recall this option on tickets before? It says that "Choosing this option DOES NOT forego a trial". Does choosing this option and then choosing to go to trial cause any difficulty to the regular process of trying to get disclosure and when it is not provided ask for the case to be tossed out? Thanks! Mike
Good job! And also the Prosecutor should be recognized for dropping the charge based on the fact that you made a reasonable effort to obtain disclosure, and then did the time calculation and decided not to pursue it further. It was the right thing to do.
Good job!
And also the Prosecutor should be recognized for dropping the charge based on the fact that you made a reasonable effort to obtain disclosure, and then did the time calculation and decided not to pursue it further. It was the right thing to do.
* 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
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