HELP: HTA 144(9) - Trial Apr 4, 2016

naanee
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HELP: HTA 144(9) - Trial Apr 4, 2016

Unread post by naanee »

Hello,

I am new to this forum and would appreciate any guidance and advice given.

I recently started working downtown Toronto in May. I usually take Bathurst down to St. Claire but on that particular day, my GPS advised me that traffic was extremely bad on Bathurst. I decided to make a left at Eglinton. My GPS re-routed and told me to turn right at Old Forest Hill Rd. This is early in the morning on June 26 when the sun is rising on the east end and is extremely blinding. As I approach the intersection, I do not see any signs advising me not to turn. I proceed to turn and down that street was a cop car pulled over in a no parking zone. He gave me a proceed contrary to sign at intersection ticket.

I told him that I did not see any sign. He told me that I had received a warning yesterday for the same reason. I told him I never took this route before and was never pulled over yesterday. He told me it could have been someone else driving my car. I live in the West end, I rarely go downtown unless I am going to work. My question is, can you receive a warning in your records without being pulled over? Anyways, he told me it was 2 demerit points and to fight the ticket.

I was in a rush to work so I returned to the same area after work to see where this sign was posted. It was right beside the traffic light but has been pushed back and up. At the angle it was facing, it was impossible to see the sign. I took a picture as proof with a date stamp.

I am in the process of requesting disclosure, I will be requesting the following:
- a full copy of the police officer's notes
- a copy of both sides of the officer's copy of the ticket
- a typed version of any hand written notes
- a copy of any other evidence that the Prosecutor intends to use in court
- any video evidence

My questions:
- Should I request early resolution? If yes, how do I do this?
- What are the changes of the officer showing up at 2700 Eglinton Ave W?
- As the sign has been moved, what are my chances of getting the charges dropped?

I appreciate you taking the time to read this and any advice you can share.

Kind regards,
Naanee


jsherk
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Re: HELP: HTA 144(9) - Trial Apr 4, 2016

Unread post by jsherk »

Officer will probably show up.

I think if the sign is clearly not visible, then it should get dropped or you should win.

For early resolution, wait until you get disclosure. Then you can contact prosecutors office and try and set it up. I would say something like "I don't want to waste the courts time or officers time because I have a picture that clearly shows the sign was not visible. Will you drop the charge?" If prosecutor says no then go to trial.
+++ This is not legal advice, only my opinion +++


naanee
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Re: HELP: HTA 144(9) - Trial Apr 4, 2016

Unread post by naanee »

Thank you for your advice.

Do you know what constitutes as an obscured traffic sign? The sign wasn't covered by a tree or anything, it was just pushed back at 45 degree angle. Either way the fact that the sign was pushed back and the sun was in my eye it was hard to see the sign. If the sign had been in it's original position, I would have seen it.

Does this sound like a good argument in court?


jsherk
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Re: HELP: HTA 144(9) - Trial Apr 4, 2016

Unread post by jsherk »

It is definitely worth a try.

Take lots of pictures:
http://www.ontariohighwaytrafficact.com/topic1765.html
+++ This is not legal advice, only my opinion +++


naanee
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Re: HELP: HTA 144(9) - Trial Apr 4, 2016

Unread post by naanee »

The prosecutor mailed me home a letter advising that the disclosure is ready and asking me to pick it up at the prosecutor office. When I had submitted the disclosure request I only provided my email and address, no phone number.

What is the best thing I should do in this case? I am worried if I go into the office the prosecutor might intimidate me into taking a reduced charge, etc. Also, if I do have to go into the prosecutor's office, should I bring the photos to show the prosecutor or no? Would I need to talk to the prosecutor about my case?

Any advise would be greatful. Thanks.


jsherk
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Re: HELP: HTA 144(9) - Trial Apr 4, 2016

Unread post by jsherk »

They can not intimidate you to do anything. Just say no. You probably will not even meet the prosecutor when you go to pick it up as they will just leave it with reception.

You could try to schedule meeting with prosecutor and show pictures, but this may or may not get you anywhere. You need to schedule meeting before you go.
+++ This is not legal advice, only my opinion +++


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