improper left turn 141 (6)

always late
Newbie
Newbie
Posts: 2
Joined:

improper left turn 141 (6)

Unread post by always late on

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
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

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.


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

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


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

I think you have a very good chance of getting the charge withdrawn if you go to Court since it's incorrect.


always late
Newbie
Newbie
Posts: 2
Joined:

Unread post by always late on

Thanks all, I have pleaded NOT GUILTY and now await the trial date.


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

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


Post Reply

Return to “Prohibited turns”