Got a ticket for making a right turn when I wasn't suppose to, I made a right turn at 3:15pm and there are no right turns from 3pm-7pm However I have proof the signage was blocked, more so the 3pm was blocked by a tree branch. The prosecutor said she would give me a lesser charge, I said no I wish to fight this and she gave me another date to come to court and this time the officer wasn't there. What defence (maybe what act) can I provide/use that the sign cannot be forceable because it was obstruct. Thank you
Got a ticket for making a right turn when I wasn't suppose to, I made a right turn at 3:15pm and there are no right turns from 3pm-7pm
However I have proof the signage was blocked, more so the 3pm was blocked by a tree branch. The prosecutor said she would give me a lesser charge, I said no I wish to fight this and she gave me another date to come to court and this time the officer wasn't there. What defence (maybe what act) can I provide/use that the sign cannot be forceable because it was obstruct.
Photos for the court is your best bet. Get these done ASAP. There is also information on this forum about tendering your own photos as evidence to the court.
Photos for the court is your best bet. Get these done ASAP. There is also information on this forum about tendering your own photos as evidence to the court.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
I have submitted these photo's to the court, my court case in in three days. The tree branch was blocking the 3pm, I got the ticket at 3:15pm, because all the other signs in the area for every other street states from 4pm. Also, I took many photos, from many different angels, all showing the tree branch blocking part of the sign. Lastly I know was driving there recently and noticed all the tree's surrounding the sign were cut down, I also have photos of this. . Would anyone know of what argument can I use?
I have submitted these photo's to the court, my court case in in three days. The tree branch was blocking the 3pm, I got the ticket at 3:15pm, because all the other signs in the area for every other street states from 4pm. Also, I took many photos, from many different angels, all showing the tree branch blocking part of the sign. Lastly I know was driving there recently and noticed all the tree's surrounding the sign were cut down, I also have photos of this. . Would anyone know of what argument can I use?
You do not have the required permissions to view the files attached to this post. Register to view.
If all of the other signs say 4pm make sure you have pictures and locations of them in relation to this sign as well. You would say that you assumed due to the time being obstructed that this sign was like the others. You would also evoke the 60m sign visibility rule arguing that the ENTIRE sign must be visible in cases where additional information is on the sign. From there it's up to the JP to either see it your way or not. Let us know what happens.
If all of the other signs say 4pm make sure you have pictures and locations of them in relation to this sign as well. You would say that you assumed due to the time being obstructed that this sign was like the others. You would also evoke the 60m sign visibility rule arguing that the ENTIRE sign must be visible in cases where additional information is on the sign. From there it's up to the JP to either see it your way or not. Let us know what happens.
Good luck at court, be sure to report back about the outcome. I received a Contrary Sign Intersection 144 (9) charge back in February of this year and am currently fighting it. The next court date is in September, and if everything goes to plan the charge should be dismissed based on improper disclosure.
Good luck at court, be sure to report back about the outcome.
I received a Contrary Sign Intersection 144 (9) charge back in February of this year and am currently fighting it. The next court date is in September, and if everything goes to plan the charge should be dismissed based on improper disclosure.
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck…
Got two very heavy tickets -- for failing to stop for a school bus, and for using a handheld device. Was running late in a morning rush traffic in Toronto and apparently passed a school bus on the opposite side w/o noticing its signal. A few meters after that I stopped behind the other cars waiting…
I recently received a ticket for proceeding contrary to sign at an intersection. While there are other issues with the offence (sign is not visible until 10ft from intersection, officer wrote wrong license plate number on ticket) my biggest question is about the sign itself.
I posted here a *while* back when I first got my speeding ticket, and I've been fighting it forever. Anyway, long story short - I went and had an appeal and both the prosecutor and the Judge agree that I have valid grounds to appeal on, but what we're arguing is whether the correct remedy is a…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming…
In 2005, the government passed legislation that enabled the introduction of variable speed limits at some point in the future. It didn't take effect right away, so it sat waiting for "proclamation by the Lieutenant Governor." Just by chance... I was reading the HTA earlier while browsing this…
I was on my way to work on a divided four lane highway. I was in the right hand lane following the flow of traffic. There was a slower car ahead of me and I wanted to change lanes and maintain my speed. When I looked in my left side mirror, I notice a red car going pretty fast in the passing…
So i got charged with Hand Held Device, just want to ask everyone if i could use this as my defence
It was midnight, I was dropping my fiance to pick up something on north bound Yonge st (near church) with my emergency lights on, Officer came and asked me to move along so i went up a few streets and…