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Ontario Highway Traffic Act

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Left Turn (King St. W and Atlantic Ave. - Toronto)
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PostPosted: Sun May 16, 2010 9:11 pm 
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Great site.

Went through the www.ticketcombat.com data and had a question for trial @ 1:30pm May 16, 2010. Charged with HTA 144 (9), Proceed contrary to sign at intersection on May 21, 2009.

I had the first trial date in Sept 2009 postponed and at the second trial date in January 2010 postponed as my Dad had just died. Should I now use the unreasonable delay excuse?

I was charged in Toronto at the King Street West and Atlantic Avenue 4-6pm no left turn quota spot as it is termed at www.dailyxy.com/cities/toronto/tomorrow ... e-tuesday/. They even have had protesters at this intersection warning drivers about the police targeting the intersection.

The reality is that the city is too lazy to get an easement from the railway landowners to allow them to put warnings signs in the tunnel for the left turn prohibition anywhere near to the intersection. The only warning is more than 100 meters from the intersection http://tinyurl.com/36klxmw

So you drive through the tunnel http://tinyurl.com/3y4xl65 and your eyes adjust to the darkness and then you emerge into sunlight and make the left missing the four left turn prohibition signs http://tinyurl.com/2agt6kl

Apparently Toronto city council denied the community request to change the turn bylaw at the intersection as they wanted to maintain their King Street West rush hour traffic corridor, but this is a total exploit and an example of Toronto Police Services capitalizing on a city traffic services deficiency.

Any advice?


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PostPosted: Sun May 16, 2010 9:29 pm 
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Location: In YOUR rearview mirror!
4 signs at an intersection and a courtesy one prior to the tunnel and people still turn left :shock:

The signs were most likely installed way back when there were too many collisions due to turning, or other traffic backed up and being rear ended. If the city were to remove the signs to appease a few people who "want" to turn there during couple hours a day, then a collision happens, could see a whole can of worms (civil liabilities) and where would these people that wanted the signs be to back the City....no where in sight

Unnecessary delays could be used IF the court caused the delay, not the defendant.

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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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PostPosted: Sun May 16, 2010 9:36 pm 
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As hwybear says... if the Crown was responsible for both delays, then you could argue for an 11B (unreasonable delay of trial). The court will not consider the re-scheduling of the trial due to your father's passing as part of a "delay" that would factor into an 11B.

Best thing to do at this point would be go to court, and see if the officer shows up. If he does, plea-bargaining to a municipal by-law infraction may be an option. If he doesn't, the Crown should withdraw the charge.

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