what mistake should i look for in disclosure?

asadzahid
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what mistake should i look for in disclosure?

Unread post by asadzahid »

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.


asadzahid
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Re: what mistake should i look for in disclosure?

Unread post by asadzahid »

I guess there is nobody here for help...:-(


iFly55
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Re: what mistake should i look for in disclosure?

Unread post by iFly55 »

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.


asadzahid
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Re: what mistake should i look for in disclosure?

Unread post by asadzahid »

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.


asadzahid
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Re: what mistake should i look for in disclosure?

Unread post by asadzahid »

and yes the sign was not there until summer 2013


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