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Disobey Sign U Turn Section 182(2)
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PostPosted: Thu May 21, 2009 3:54 pm 
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Hi all,

I got ticket this morning to disobey the Sign U turn. I was going down an airport road and took a U turn right before the Bresler drive and the undercovered officer pulled me over and gave $110 ticket. He put 09 in year field on the ticket. Is that for the plate# or the vehicle year? If it for vehicle, then it is wrong. I was reading through different forums and ticketcombat.com and learned that if there is a fatal error on the ticket, the case will be dismissed. What are my options to fight and defend the case?

Thanks in advance for help


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PostPosted: Thu May 21, 2009 4:43 pm 
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No error, that is the year of your sticker. Fight the usual way i guess.
Get a trial date first then disclosure and see what you can do from then on


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How do I defend?
PostPosted: Thu May 21, 2009 5:02 pm 
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Do I have to go to the same location as on the ticket or file a trial in any other location? Also, how are the chances of dismissal as I really don't want to pay fine and loose 2 demerit points. I am really worried about my insurance rate.


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PostPosted: Thu May 21, 2009 5:14 pm 
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Your best bet is to go through the process and see what technicalities are out there. That could include 11b, lack of disclosure, the cop not showing up etc etc etc. Check out the Ticket Combat site as it has a great primer.
I wish I could lose demerits every time I get ticketed :D Actually you gather the demerits until you get 9 in a period of 2 years and that wins you an interview in which you justify why you should keep your licence. That has nothing to do with your insurance rates.
Unless you get nailed for something SERIOUS like going 49+km/h over the limit, careless driving, drunk driving, the insurance companies treat all convictions the same, regardless of the demerit points. That's why it usually doesn't pay off to accept a lesser charge (even if it doesn't carry demerits) after going through the trouble of showing up in court.
And yes it is the location noted on the ticket. You can't have your Toronto West case heard in Sudbury.

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Map of the place
PostPosted: Tue May 26, 2009 2:11 pm 
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I am posting an image to show exactly what happened.

Image

The cop was looking in the door mirror waiting 25meters ahead of me and as soon as I made a Turn and entered in the side street, he made a U turn and caught me on the side street.

Looking at the image and the details of what happened, wht are my options?


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PostPosted: Tue May 26, 2009 10:14 pm 
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From your diagram it looks like you made a big left turn. A u-turn is
Quote:
a turn, made by a vehicle, in the shape of a U, resulting in a reversal of direction.
You originally posted that you made a u turn. Did you? Did you completely reverse your direction of travel or did you make a wide coat hanger left turn? This makes all the difference.

And it also looks like you can turn left into that parking lot which is not prohibited (unless there's a sign). If you made the u turn farther ahead, went back and then made a right hand turn, that would be prohibited. But if you made a wide left turn, that is not illegal.

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Wide Left turn
PostPosted: Wed May 27, 2009 1:53 pm 
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Thanks for your reply ticketcombat. You are right. I did not make a U-Turn. It was a wide left turn and at any point I was not in a reverse direction. I made a Left turn and entered in the parking lot. The cop was standing ahead of me observing everything in his door mirror. I am also sure that people always take that turn to enter the parking lot.

If you can give me some wordings to fight, I will greatly appreciate.

Thanks again.


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PostPosted: Wed May 27, 2009 3:32 pm 
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that post is going to end up a lot like others along the street.....with 5 different signs on it (no uturn, no left turn, no stopping, no standing, no parking) just b/c some driver was too ............ ah never mind!

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PostPosted: Thu May 28, 2009 12:58 am 
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hwybear wrote:
that post is going to end up a lot like others along the street.....with 5 different signs on it (no uturn, no left turn, no stopping, no standing, no parking) just b/c some driver was too ............ ah never mind!

Unlike certain MPPs who want to change the law because of one accident or fatality?

***************************************
Wilchris, I think your diagram and what I posted (the definition) should be more than enough to beat the ticket. Although it would be fun to cross-examine the cop and then have him read a definition of "u turn" from a dictionary, you should take the higher road.

Just monitor his testimony to make sure he doesn't say you reversed direction. Get him to state you went "around" the sign onto the parking lot.

Then when it's your turn, show the diagram, testify as to what you did and read the definition. That should be enough.

Good luck and good fight!

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Love ya combat
PostPosted: Thu May 28, 2009 3:02 pm 
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Thank you very much TC. You are gem. I was so stressed but you made me feel good now.

God bless you.


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PostPosted: Thu Jun 18, 2009 12:03 pm 
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Dam, mississauga court is very fast. I got my trial on August 07. That was very quick. Need some more suggestions.


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PostPosted: Fri Jun 19, 2009 11:31 pm 
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Yeah, Mississauga and Brampton don't let the grass grow under their feet on many different levels... Toronto is the opposite... on many... yeah that's what we get for voting in David Miller. :evil:

Anyway you've got a good chance of beating this at trial. You didn't commit the offence as charged. You've got a good diagram of what you did. Back it up by taking some photographs of the sign that you were ticketed for allegedly disobeying, the area, etc (don't forget the time-date stamp). It just adds a little more evidence. TC already gave you a good foundation to fight it and he knows more than I do, so no point in repeating that. Even better: Go back to Airport Road, park in the parking lot with your camera, and take photographs of people making the same turn. :shock: That way when you're questioning the officer, you can show with undeniable photographic evidence, in addition to the diagram that you already have, that no U-turn was made; therefore, you didn't disobey a sign. (Your Worship, I would like to submit these photographs that I took myself on this date of various drivers performing the same turn that I was ticketed for by Constable So-and-So. As you can see, your Worship, at no point did this manoeuvre involve making a U-turn.) It just augments what TC suggested.

I wouldn't lose any sleep over it. You didn't disobey the sign and you should not have a hard time convincing the JP of that.

By the way has your disclosure package been made available to you yet?


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PostPosted: Sat Jun 20, 2009 8:09 am 
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Radar Identified wrote:
Back it up by taking some photographs of the sign that you were ticketed for allegedly disobeying, the area, etc (don't forget the time-date stamp). It just adds a little more evidence


Glad we have a prosecutor that is on the ball....makes all photos by defendants inadmissable!! Excellent work!

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PostPosted: Sat Jun 20, 2009 12:53 pm 
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hwybear wrote:
Glad we have a prosecutor that is on the ball....makes all photos by defendants inadmissable!! Excellent work!


GTA provincial offences courts accept photos from defendants all the time, they just need the time-date stamp and the person who took the photos to be present and testify. If there's any concern, get the photos printed, go to a Commissioner of Oaths and sign an affadavit/declaration saying that the photos were taken at the location in question, they show the act that you committed at same location, etc.

On what grounds is the Prosecutor getting the defense photos tossed?


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PostPosted: Sun Jun 21, 2009 1:35 pm 
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Radar Identified wrote:
hwybear wrote:
Glad we have a prosecutor that is on the ball....makes all photos by defendants inadmissable!! Excellent work!


GTA provincial offences courts accept photos from defendants all the time, they just need the time-date stamp and the person who took the photos to be present and testify. If there's any concern, get the photos printed, go to a Commissioner of Oaths and sign an affadavit/declaration saying that the photos were taken at the location in question, they show the act that you committed at same location, etc.

On what grounds is the Prosecutor getting the defense photos tossed?


- time/date must be the same as offence date as person can not prove things were identical on another date (even growth of vegetation changes daily, etc.)
- photo must be available on CD and in a "RAW" format, raw format prevents altering of a photo with a photo editing program
- qualifications of person to take a photo (courses an/or training)

Basically all the same things defences have hammered on police for years, working in reverse against the defence.

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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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