improper left turn 141 (6)

always late
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improper left turn 141 (6)

by: always late on
Fri Aug 12, 2011 10:48 am

Is this the right code for my offence? I was turning left at a prohibited time. I always set my clock ahead 10 mins so I thought the time to turn was okay-NOT. Time on ticket reads 0847am and no left turns before 9am. Is this a decent defence?


Stanton
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by: Stanton on
Sat Aug 13, 2011 9:55 am

Personally I think the appropriate charge would be disobey sign. It sounds like the turn itself was proper, just that you disobeyed a sign prohibiting such actions during a certain hour.

I think arguing your clock was off wouldn't be the greatest defence, especially if you intentionally set it 10 minutes ahead.


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by: Radar Identified on
Mon Aug 15, 2011 8:12 pm

If you turned into the corresponding lane (ie turned from the left-most lane in to the left-most lane) or whatever, then you have been improperly charged. The correct charge would have been Disobey Sign, as Stanton indicates. Section 141 (6) only refers to how to properly make the turning motion.
* 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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by: Radar Identified on
Sat Aug 27, 2011 11:37 am

Once you get the trial date, make a disclosure request and ask specifically for the officer's notes - typed if not legible. That's about all you should ask for in this case - none of this garbage about "witness will-say statements" and "statements made by the defendant" and "names, occupation and criminal records of people providing such information," etc. If the officer's notes specifically refer to the sign, and nothing about which lane you turned in to (or out of), simply go to trial. If it is after 6 months from the date of the offence (which it probably will be), the Prosecutor should either be forced to withdraw the charge, or you should win during the trial. Keep us posted and we'll try to help you out.
* 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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