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Right turn on a red ticket...Obeyed then disobeyed

Posted: Wed Nov 11, 2009 9:00 pm
by forwardlean
Hi All

First time poster, long time reader.

I was at an intersection in Guelph, ON and there was a sign above the lights that says no right turn on a red between 8am-6pm. I noticed this sign and obeyed it. I looked down at the time, then looked back up and the light was red, and for some reason I turned. The light was still red, but it was safe to move (no traffic or peds) and I actually made sure of this, but the instant I started moving I remembered the sign. A stealth cruiser was behind the car behind me, flipped the lights and siren and pulled me over.

I have a trial but I didn't request disclosure (didn't really know I should). I'm wondering what the defense is/could be here. I'm thinking of asking to plea down because I'm really just concerned about accumulating the points.

I was thinking of the bilingual defense, but I don't know if Guelph observes the French language Act.

Can anyone offer their two cents?

Its appreciated.

Posted: Wed Nov 11, 2009 11:19 pm
by Radar Identified
Guelph is not a designated bilingual area.

As for the actual bilingual defence (if it did apply), there's no firm precedent on it. JPs are bound by precedent; the R. v. Myers case, which ruled that signs have to be bilingual, unfortunately, did not really set a precedent as it was never definitively ruled on at a higher appeal court. So... it can work... but it's more of an afterthought than anything.

If you have time, make the disclosure request. If not, see if the officer shows up; if he does, I'd try to plea bargain.