- Posts: 1
My schedulled court date is very soon and I need some urgent help.
Basically it was a sign that says no right turn in rush hour (4-6pm) and I turned right at 5pm. I am a student and I need my vehicle for work and I really cannot afford the spike in insurance.
The truth is the cop was basically hidding there pulling cars over every 5min or so. The right lane i was in ends in about 3 meters pass the intersection (that 3 meter space is usually used by the buses, as there is a bus stop there, then the concrete side pavement curves in and ends the right lane shortly after the intersection). It was green light with traffic on my left when I turn right and there was a bus at the front. In other words, at that point, I couldnt have merge to the left lane right away due to ongoing traffic and I couldn't go straight because of the bus infront. I want to argue the case as I was unfamiliar with the area and was at a point of no return by the time i saw the prohibite sign.
I do realize that the safer thing to do was to just stop infront of the intersection despite green light, and wait to merge left. Now, anyone can give me advice about my case? is it good/bad? anyway i can improve it?
- High Authority
- Posts: 2111
- Location: Ontario
That really doesn't sound like a defence so much as an admission of guilt with an explanation as to why. Maybe someone with more experience can advise you if that will fly in court as a defence. If not, you're probably better off trying to work out a deal with the prosecutor or simply request to plead guilty with an explanation in hopes the J.P. will lower your fine.
- Posts: 1065
Personally I don't think what you've outlined is enough for a due dilligence defence, which is essentially what you're trying to argue. You're trying to say, "I did everything I could to avoid committing the offence." But I think the rebuttal to that is, "you could have done more - like go slower, be more observant, etc."
NOTHING I SAY ON HERE IS LEGAL ADVICE.
- Posts: 2881
- Location: Toronto
If the officer shows up, it would be best to take a plea-bargain, like a municipal by-law offence. Your lack of familiarity with the area is not a sufficient defence and the JP won't buy it... unless you get a really sympathetic JP who has a hate-on for the Prosecutor (don't be on that). You could argue the sign was obscured and it was too late to stop turning, but you'd need to give some fairly credible testimony, and also show how the sign was obscured. Even then, it's not really guaranteed to work.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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