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Ontario Highway Traffic Act

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Right Turn (Eglinton/Old Forest Hill Rd) 144(9)
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PostPosted: Mon Jan 10, 2011 10:07 pm 
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Hello all, I'm new to the forum and I hae been browsing around to seek some advice (not the legal sort of course, we'll call it tactical) on a ticket I recieved today. Today I was charged under s144(9) for failing to observe a sign to not turn right on to old forest hill rd (7am-7pm). The officer was down the street and had an obvoius view of my blunder. He was very polite and told me of my option to get a trial date and plead to a lesser charge. However, as I was reading the ticket later on today i saw that he wrote that I made a right turn onto another street entirely. The street was Strathern which is about 2km west off of eglinton (by allen rd). When I went onto Google maps i saw that there is also a no right turn restriction there (at Strathern) however it is 7-10/3-7. The time I was pulled over was 1050 (according to the ticket). As I see it i have two good options here:
a) I can get a trial date and plead to a lesser charge
b) I can have a trial based on the facts presented on the ticket. Which I am clearly not guilty of.

also is this something that can invalidate the ticket. It is clearly a mistake on the officers part, but I also know that the crown is able to ammend charges. Any help would be great. Thanks


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Re: Right Turn (Eglinton/Old Forest Hill Rd) 144(9)
PostPosted: Tue Jan 11, 2011 12:26 am 
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Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
greeno-b wrote:
Hello all, I'm new to the forum and I hae been browsing around to seek some advice (not the legal sort of course, we'll call it tactical) on a ticket I recieved today. Today I was charged under s144(9) for failing to observe a sign to not turn right on to old forest hill rd (7am-7pm). The officer was down the street and had an obvoius view of my blunder. He was very polite and told me of my option to get a trial date and plead to a lesser charge. However, as I was reading the ticket later on today i saw that he wrote that I made a right turn onto another street entirely. The street was Strathern which is about 2km west off of eglinton (by allen rd). When I went onto Google maps i saw that there is also a no right turn restriction there (at Strathern) however it is 7-10/3-7. The time I was pulled over was 1050 (according to the ticket). As I see it i have two good options here:
a) I can get a trial date and plead to a lesser charge
b) I can have a trial based on the facts presented on the ticket. Which I am clearly not guilty of.

also is this something that can invalidate the ticket. It is clearly a mistake on the officers part, but I also know that the crown is able to ammend charges. Any help would be great. Thanks

I don't think they can amend the charge after you get disclosier.

So ask for that.
Take a few pics and print them.
Just show up with the pics.

Most likely they will try to get you to plead to some lesser charge.

Just tell them you want to try the mercy of the court.

If they convict you you can appeal.

Cheers
Viper1

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use at your own risk"


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Re: Right Turn (Eglinton/Old Forest Hill Rd) 144(9)
PostPosted: Tue Jan 11, 2011 1:31 pm 
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Posts: 2881
Location: Toronto
They can amend the charge at any time prior to the trial starting.

Get disclosure and see what the officer's notes say. However, if the location is incorrect, you could definitely make the argument that you were prejudiced and misled.

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* 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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