Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 6 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

HELP: HTA 144(9) - Trial Apr 4, 2016
Author Message
PostPosted: Thu Nov 05, 2015 11:37 am 
Offline
Newbie

Joined: Thu Nov 05, 2015 11:08 am
Posts: 3
Hello,

I am new to this forum and would appreciate any guidance and advice given.

I recently started working downtown Toronto in May. I usually take Bathurst down to St. Claire but on that particular day, my GPS advised me that traffic was extremely bad on Bathurst. I decided to make a left at Eglinton. My GPS re-routed and told me to turn right at Old Forest Hill Rd. This is early in the morning on June 26 when the sun is rising on the east end and is extremely blinding. As I approach the intersection, I do not see any signs advising me not to turn. I proceed to turn and down that street was a cop car pulled over in a no parking zone. He gave me a proceed contrary to sign at intersection ticket.

I told him that I did not see any sign. He told me that I had received a warning yesterday for the same reason. I told him I never took this route before and was never pulled over yesterday. He told me it could have been someone else driving my car. I live in the West end, I rarely go downtown unless I am going to work. My question is, can you receive a warning in your records without being pulled over? Anyways, he told me it was 2 demerit points and to fight the ticket.

I was in a rush to work so I returned to the same area after work to see where this sign was posted. It was right beside the traffic light but has been pushed back and up. At the angle it was facing, it was impossible to see the sign. I took a picture as proof with a date stamp.

I am in the process of requesting disclosure, I will be requesting the following:
- a full copy of the police officer's notes
- a copy of both sides of the officer's copy of the ticket
- a typed version of any hand written notes
- a copy of any other evidence that the Prosecutor intends to use in court
- any video evidence

My questions:
- Should I request early resolution? If yes, how do I do this?
- What are the changes of the officer showing up at 2700 Eglinton Ave W?
- As the sign has been moved, what are my chances of getting the charges dropped?

I appreciate you taking the time to read this and any advice you can share.

Kind regards,
Naanee


Top
 Profile  
 
Re: HELP: HTA 144(9) - Trial Apr 4, 2016
PostPosted: Thu Nov 05, 2015 12:58 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Officer will probably show up.

I think if the sign is clearly not visible, then it should get dropped or you should win.

For early resolution, wait until you get disclosure. Then you can contact prosecutors office and try and set it up. I would say something like "I don't want to waste the courts time or officers time because I have a picture that clearly shows the sign was not visible. Will you drop the charge?" If prosecutor says no then go to trial.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: HELP: HTA 144(9) - Trial Apr 4, 2016
PostPosted: Tue Nov 10, 2015 1:18 pm 
Offline
Newbie

Joined: Thu Nov 05, 2015 11:08 am
Posts: 3
Thank you for your advice.

Do you know what constitutes as an obscured traffic sign? The sign wasn't covered by a tree or anything, it was just pushed back at 45 degree angle. Either way the fact that the sign was pushed back and the sun was in my eye it was hard to see the sign. If the sign had been in it's original position, I would have seen it.

Does this sound like a good argument in court?


Top
 Profile  
 
Re: HELP: HTA 144(9) - Trial Apr 4, 2016
PostPosted: Tue Nov 10, 2015 1:43 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
It is definitely worth a try.

Take lots of pictures:
topic1765.html

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: HELP: HTA 144(9) - Trial Apr 4, 2016
PostPosted: Mon Dec 14, 2015 12:28 pm 
Offline
Newbie

Joined: Thu Nov 05, 2015 11:08 am
Posts: 3
The prosecutor mailed me home a letter advising that the disclosure is ready and asking me to pick it up at the prosecutor office. When I had submitted the disclosure request I only provided my email and address, no phone number.

What is the best thing I should do in this case? I am worried if I go into the office the prosecutor might intimidate me into taking a reduced charge, etc. Also, if I do have to go into the prosecutor's office, should I bring the photos to show the prosecutor or no? Would I need to talk to the prosecutor about my case?

Any advise would be greatful. Thanks.


Top
 Profile  
 
Re: HELP: HTA 144(9) - Trial Apr 4, 2016
PostPosted: Mon Dec 14, 2015 1:37 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
They can not intimidate you to do anything. Just say no. You probably will not even meet the prosecutor when you go to pick it up as they will just leave it with reception.

You could try to schedule meeting with prosecutor and show pictures, but this may or may not get you anywhere. You need to schedule meeting before you go.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 6 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. HTA 144(18) changed to HTA 130, is that allowed?

kooler

3

1030

Sun Mar 22, 2009 11:13 pm

ticketcombat View the latest post

There are no new unread posts for this topic. HTA 144.18

thephoneguy

13

2126

Mon Oct 20, 2008 8:02 pm

lawmen View the latest post

There are no new unread posts for this topic. HTA 144 (14)

Questionz

13

1466

Mon Jun 02, 2008 10:15 am

Bookm View the latest post

There are no new unread posts for this topic. HTA 144(18)

tiredandjaded

10

4280

Tue Mar 02, 2010 1:06 am

FrankTheRabbit View the latest post

There are no new unread posts for this topic. HTA 144 (18) help

bkaboom

3

624

Thu Mar 03, 2016 3:29 am

argyll View the latest post

There are no new unread posts for this topic. Attachment(s) HTA s. 144(18)

[ Go to pageGo to page: 1, 2 ]

ved23

16

2818

Thu Jan 30, 2014 2:09 am

to_munda View the latest post

There are no new unread posts for this topic. HTA 144 (18)

dsilva100

1

591

Wed Sep 03, 2014 3:56 pm

Stanton View the latest post

There are no new unread posts for this topic. HTA 144(18)

Charmed0102

1

610

Tue May 05, 2015 8:24 pm

iFly55 View the latest post

There are no new unread posts for this topic. HTA 144 (18) - Mississauga

Schnauzer

7

1207

Sun Sep 18, 2011 1:54 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Proceed before green. HTA 144 (18)

jetmech727

13

1813

Tue Apr 08, 2008 3:52 pm

jetmech727 View the latest post

There are no new unread posts for this topic. HTA 144(18) - Red Light

vp

2

1286

Thu Oct 23, 2008 7:15 pm

vp View the latest post

There are no new unread posts for this topic. HTA 144(15) Amber light

NotImpressed

2

4761

Fri Jun 12, 2009 2:49 pm

NotImpressed View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.