Ticket under HTA 142(1) Turn not in safety - why? how? help!

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Joined: Thu Mar 03, 2011 4:15 pm

Ticket under HTA 142(1) Turn not in safety - why? how? help!

by: MarSar on
Thu Mar 03, 2011 4:54 pm

Last night at 10:45 I was given a ticket for the following infraction HTA 142 (1), officer wrote "Turn not in safety"

I was at intersection signaling to make left turn at Yonge and Moore (south of Steeles); going northwest
Light was already green as I was approaching to make left
There were 3 cars travelling south, 2 cars cleared intersection, and 3rd car was 3 blocks or quite a distance from intersection
I made left turn successfully, and about 3 minutes later, i was pulled over by officer (who was the third car travelling south)
The light did not turn amber, nor was the car approaching close enough for me to worry that I would get hurt or cause them to get hurt.

He asked me for my information, and walked back to his cruiser. Upon returning he gave me a ticket for Turn not in safety, and I asked him how, he told me that i should contact a specialist. My turn, did not cause any accident, nor did I harm anyone. I have never received a ticket and well am upset that I got this, as I am always extremely careful in intersection, as i was once TBoned at one, and nearly lost my daughter as a result.

Please help...

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Simon Borys
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am

by: Simon Borys on
Thu Mar 03, 2011 5:04 pm

To prove this charge the officer needs to be able to establish that your turn was unsafe. Without evidence of a collision this is more difficult, but not impossible, to do. If you get disclosure you will be able to see how the officer articulated the basis for the charge in his notes. Then you, or your legal representative if you chose to retain one, can better understand how to formulate a defence to the charge.

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Radar Identified
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto


by: Radar Identified on
Sat Mar 05, 2011 2:57 pm

In this case you should ask for the officer's notes.

"Turn not in safety" does not have to result in a collision, nor does it have to be against a traffic signal. If the oncoming car in front of the officer had to brake to avoid a collision or a near-miss, that's good enough... however, you should get the officer's notes to see exactly why you were ticketed. Then you can figure out if you have a reasonable defence, or should look to plea-bargain.
* 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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