Disobeyed a sign? Need some advice please...
karent
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Disobeyed a sign? Need some advice please...

Unread post by karent »

Hi there

Two days ago, I was exiting the 401 ramp on the highway and then entered on the highway ramp again. There is no sign indicating that you CANNOT go through? There are lane markings and a sign with the lane marking, and I was in the middle lane with the arrows pointing left and right. so I made a left and signaled right immediately and merged into the ramp.

The police officer charged me with Disobeying a sign (182.2). My husband and father went back to the scene and there is no sign erected saying cannot go through?

Can I fight this? I have never received a ticket, and was quite upset when this happened? I've seen people doing this all the time over the past 15 years? I also know a cop sits on the ramp, but I always thought it was to catch speeders as there are speeders there?

Should I have been charged under 182.2 or 154? Is a lane marking considered to be a sign? Is it "erected" since its on the road?

With thanks


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Radar Identified
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Unread post by Radar Identified »

If there's no sign, you have been charged with the incorrect offence. You should have been charged with disobey lane marking. It's an entirely different offence. A lane marking is not a sign.

I'd choose option 3 (trial) and file the Notice of Intent to Appear to get started.
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Unread post by hwybear »

what intersecting road were you at? What direction were you travelling?
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karent
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Is there a time frame?

Unread post by karent »

When you get a ticket to when the court date is? If its over a year, is it just thrown out of court? I've heard that people have received trial dates for 2.5 years AFTER receiving the ticket?


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Unread post by Simon Borys »

There is no specific time frame, however if you feel it has been too long you can make an application to have the charges stayed since your right to a speedy trial has been violated. Then the judge decides if it has been too long.


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Unread post by Radar Identified »

Generally you're looking at over 11 months delay for a good shot at the charge being stayed.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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Re: Is there a time frame?

Unread post by hwybear »

karent wrote: I've heard that people have received trial dates for 2.5 years AFTER receiving the ticket?
if i understand correctly demerit points are via the offence date, only stay on for 2 years, so would not collect points.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


karent
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How do I file for disclousure?

Unread post by karent »

I was charged with Failing to obey a sign earlier this year. I just got my notice that my trial is mid 2011. How do I file for disclosure?
Also, at the bottom of the paper, it has check marks to show whom all got this notice-- the procecutor, but it didn't have a tick besides the OPP's name?
Does that mean he does not know and possibly won't show?

thanks! I'm new to all this.


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Re: How do I file for disclousure?

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karent
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Re: How do I file for disclousure?

Unread post by karent »

Thank you!


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Re: Disobeyed a sign? Need some advice please...

Unread post by hwybear »

Quotes moved over from a resurrected thread -
HB
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Moo wrote:
karent wrote:Hi everyone,
I'm writing up my request for disclosure. I've been charged with Fail to Obey Sign. I've never done this before and am using the letter from ticketcombat's website.
I have a couple of questions:

1) what's a diary date?
2) What info should I request for my charge? I know we have to modify the letter to suit our charge, but I have no idea what all I need??

thanks :)
I think diary date is the date that they're supposed to get your information by. In any case, just go with the recommended 3 weeks. You should probably at least ask for the officer's written notes, your police statement (if any), and witness statements (probably none in your case). Just think of all the information you would need to poke holes at the officer's case.

I hope that helps a bit.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


karent
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Re: Disobeyed a sign? Need some advice please...

Unread post by karent »

Thank you.
When you say police statement, is that what I said to the officer when he pulled me over? Gosh, all these tems confuse me.


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Re: Disobeyed a sign? Need some advice please...

Unread post by hwybear »

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Disobeyed a sign? Need some advice please...

Unread post by karent »

Thanks so much hwybear! I wrote my disclosure and will send it this weekend. I gave the diary date as three weeks from Monday.


karent
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Re: Disobeyed a sign? Need some advice please...

Unread post by karent »

One mre thing: Do I have to include my phone # on the disclosure request, or can I just leave it at my address?

Thanks :)






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