Hello everyone. a couple of months back i was travelling on dundas st going east. i did not see a sign at the intersection prohibiting a right turn on the red light, i fully stopped at the intersection and made a right turn on the lights to go north bound on keele st. there was a police cruiser parked on the east side of north bound keele st. the lady officer immediately pulled me over and wrote me a ticket for 144 (9) proceed contrary to sign at intersection. i chose option 3, requested a disclosure and all i received was the officers notes on that day saying that the vehicle was so and so, stopped at the intersection and made a right on the north bound keele st from dundas east bound at this time and all that red light. what kind of mistake should i be looking for in this kind of disclosure to get rid of the case??? what additional disclosure should i request in order to prepare a solid defense to prove it otherwise. Please Help. Thanks in advance.
Hello everyone.
a couple of months back i was travelling on dundas st going east. i did not see a sign at the intersection prohibiting a right turn on the red light, i fully stopped at the intersection and made a right turn on the lights to go north bound on keele st.
there was a police cruiser parked on the east side of north bound keele st. the lady officer immediately pulled me over and wrote me a ticket for 144 (9) proceed contrary to sign at intersection.
i chose option 3, requested a disclosure and all i received was the officers notes on that day saying that the vehicle was so and so, stopped at the intersection and made a right on the north bound keele st from dundas east bound at this time and all that red light.
what kind of mistake should i be looking for in this kind of disclosure to get rid of the case??? what additional disclosure should i request in order to prepare a solid defense to prove it otherwise.
To secure a conviction, the crown must establish the essential elements of your charge. Regulation 615 requires that the sign be visible at a distance of at least 60 metres: http://www.e-laws.gov.on.ca/html/regs/e ... 0615_e.htm Sign must have been erected after Sep 2012, because I can't see it on Streetview: http://goo.gl/3oiYsn Can you show us using pictures or Streetview of where exactly the officer was parked? East side of N/B Keele St appears to be here: http://goo.gl/xLyKgt From there it appears the officer can not see what colour traffic light you were facing: http://goo.gl/E2OVRS Essential Elements - sign was visible at a distance of >60m - officer had an unobstructed line of sight to your vehicle, and was able to see the right turn - officer had an unobstructed line of sight to the traffic control signal you were facing You can contact the City Hall, and request for the by-law that supports that sign. It doesn't hurt to ask the prosecutor to reduce your HTA 144 (9) to a municipal by-law ticket for disobeying the sign. It's unlikely they will amend HTA offences to by-law ones, but again... it doesn't hurt to have a print-out of the by-law, in case they're willing to plea-bargain.
To secure a conviction, the crown must establish the essential elements of your charge.
Sign must have been erected after Sep 2012, because I can't see it on Streetview: http://goo.gl/3oiYsn
Can you show us using pictures or Streetview of where exactly the officer was parked? East side of N/B Keele St appears to be here: http://goo.gl/xLyKgt
From there it appears the officer can not see what colour traffic light you were facing: http://goo.gl/E2OVRS
Essential Elements
- sign was visible at a distance of >60m
- officer had an unobstructed line of sight to your vehicle, and was able to see the right turn
- officer had an unobstructed line of sight to the traffic control signal you were facing
You can contact the City Hall, and request for the by-law that supports that sign. It doesn't hurt to ask the prosecutor to reduce your HTA 144 (9) to a municipal by-law ticket for disobeying the sign. It's unlikely they will amend HTA offences to by-law ones, but again... it doesn't hurt to have a print-out of the by-law, in case they're willing to plea-bargain.
Thank you so much for your detailed answer and for taking your time to help me out. i am really very sorry, i think i wrote that the police patrol was on east side of the keele st north but it was actually on the west side of keele st. north of dundas st w. i was travelling west bound on dundas st west, and made a right turn towards the patrol on keele st going north. the patrol was parked in a little alley between the two shops named ANTIQUES AND DOG SPAW in google street view. I was facing the lights which were facing east, and the patrol was also parked facing east.
Thank you so much for your detailed answer and for taking your time to help me out.
i am really very sorry, i think i wrote that the police patrol was on east side of the keele st north but it was actually on the west side of keele st. north of dundas st w.
i was travelling west bound on dundas st west, and made a right turn towards the patrol on keele st going north. the patrol was parked in a little alley between the two shops named ANTIQUES AND DOG SPAW in google street view.
I was facing the lights which were facing east, and the patrol was also parked facing east.
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