Two demerit points for prohibited right turn?

vecinu
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Two demerit points for prohibited right turn?

by: vecinu on
Mon Aug 22, 2011 10:15 am

I was given a ticket on August 11th and I've been trying to figure out if the ticket has two demerit points associated with it.

The officer on scene told me that this ticket is only a warning and will not show up on my driving abstract. I was shocked to hear that all prohibited turn violations have at least 2 demerit points associated with them and I know the officer cannot remove them.

This occurred in downtown Toronto at Bay St. and Bloor St W. I turned right at 6:10 PM but the sign said right turns prohibited between 7AM - 7 PM. I had only seen the sign after I passed a white truck that was stationary behind the sign and blocked my view from seeing it from further back. I decided just to turn at that point since there were cars behind me and no pedestrians or bicyclists in sight. The officer was strategically waiting there to ticket anyone two turned and while I was getting my ticket, 10 others were pulled over.

Now I know it doesn't matter what the officer said since they are legally permitted to lie but I want to know if I will get two demerit points for this ticket. I would prefer it not to show up on my driving abstract, since it will affect my insurance, so would going to court be a good option?

The details of the ticket are as follows:
ICON Location: 4860 TORONTO SOUTH
AT: N/B BAY ST to E/B BLOOR ST W
Did commit this offence of: PROHIBITED RIGHT TURN
Contrary To: TORONTO MUNICIPAL CODE 32192 Sect: 38(9) - (I can't tell if it's 32192 or 32102).
Set fine of: $3.75
Total payable: $18.75


Stanton
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Location: Ontario

by: Stanton on
Mon Aug 22, 2011 12:45 pm

While most bylaws carry no demerit points, unfortunately those dealing with prohibited turns can. For this to happen though the City would have to notify the MTO upon conviction; not sure how good they are at actually doing this. I've heard some people claim to have paid the fine and never seen anything on their abstract, but that's no guarentee. If it was just a matter of the fine, I'd say simply pay it. Due to the possibility of demerit points, it may be worth going to Court over. You could probably plead out to a different bylaw (even if it carries a higher fine) that can't have demerit points assigned to it.

And just quickly, I wouldn't assume the officer was trying to mislead you. I think most officers truly aren't aware that bylaws can carry demerit points (I know it caught me by surprise).




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