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  [ 2 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

HTA 144(9) correct charge?
Author Message
PostPosted: Mon Aug 05, 2013 2:37 pm 
Offline
Newbie

Joined: Mon Aug 05, 2013 12:36 pm
Posts: 2
Hi there,

I was going S/B on Victoria Park Ave. and turned right onto Sloane Ave. when I was flagged down by a cop at around 8:10am. There was a pickup truck in front of me who also got pulled over as there were 2 cops stationed there. I did not see the No Right Turn signs from Mon - Fri 7am - 9am. It was a new route I was trying out to get to work and a series of unfortunate events led to this ticket:

1. It was drizzling.
2. Searching for new route so very focused on finding the correct street sign (i.e. "Sloane Ave.") to turn.
3. There was an exclusive bus/right turn lane forking at right (i.e. adding a lane) leading me to assume it was a valid turn.
4. There was another vehicle in front of me making the same turn.
5. I was also focused on other moving vehicles around me as well as any pedestrians waiting at the bus stop at that corner.
6. I live in the Etobicoke area so never encountered or knew the existence of No Right Turn sign restriction sign onto a normal 2 way street.

How do I confirm if the sign is municipal or provincial? If it is municipal, shouldn't the officer only charge me under the municipal by-law and not the HTA?

There were no signal traffic lights at that intersection. I read somewhere that being charged under HTA 144(9) is for violations at signal traffic light intersections - can anyone confirm this? Would this be a successful defence - i.e. I was charged under the incorrect HTA? Can the prosecutor simply amend the charge at time of trial?

I have already requested for 2 disclosures that went unanswered, so far (2 months). The prosecutor tend to mail out notice to pick-up disclosures last minute (i.e. gives you 1 week before trial date). Does anyone know if this is considered improper? What is the legal term for it? What if I was not available to pick-up given the short notice? Would I break my original commitments just to pick-up the belated disclosure, which still does not leave me enough time to prepare my case? Or, do not pick-up the disclosure and tell the JP that the prosecutor had over 2 1/2 months to prepare my requested disclosure and they were only leaving me 1 - 2 weeks to go over the disclosure and prepare my case?

I just want to be more prepared in case my motion for lack of disclosures and infringement of my right for a timely trial falls through.

Thanks in advance for any replies that may help me deal with this ticket in trial.


Top
 Profile  
 
Re: HTA 144(9) correct charge?
PostPosted: Mon Aug 05, 2013 6:02 pm 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
fedup wrote:
How do I confirm if the sign is municipal or provincial? If it is municipal, shouldn't the officer only charge me under the municipal by-law and not the HTA?

There's no such distinction. Issuance of a bylaw ticket instead of HTA is simply a matter of discretion on the officer's part.

fedup wrote:
There were no signal traffic lights at that intersection. I read somewhere that being charged under HTA 144(9) is for violations at signal traffic light intersections - can anyone confirm this? Would this be a successful defence - i.e. I was charged under the incorrect HTA? Can the prosecutor simply amend the charge at time of trial?

Yes, the charge can be amended at trial if the Crown notices the error. But I'm not sure I agree the section is incorrect.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 2 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. What is correct charge: Crashing into parked car?

CliffClaven

3

518

Wed Jun 18, 2014 8:29 am

CliffClaven View the latest post

There are no new unread posts for this topic. HTA charge modified to By-Law charge (advice?)

GTAcommuter17

3

146

Sat Nov 18, 2017 3:10 pm

Zatota View the latest 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. Red Light Charge - Section 144(18)

bill

4

1067

Tue Jul 06, 2010 11:57 am

Mr. Peabody 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

 


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.