Another traffic ticket question - advice needed

[Fish]

Hello,

I received a traffic ticket last night and I am hoping some TERB members here can answer a few questions for me. I was driving with my co-worker last night along King St. W. and made a left turn on Strachan Ave. on a yellow light. The police woman behind us immediately signal us to stop and gave me a traffic ticket for making an unsafe left turn. Her reason for giving me the ticket is that she had been following us and noticed we did a similar unsafe left turn back at Dupont and some other street. We told her it was not us that made the unsafe left turn because our office is at King and Dufferin and we are just going out to College and Bathurst for lunch. She then changes her story (which we have no clue what she was talking about because we couldn’t hear her) insisting that it was us that had made an unsafe turn earlier. Ok, then we politely explain to her that there was no oncoming traffic (not one single car) and the cars on Strachan Ave. was still in a complete stop so I assume it was safe to turn left even it was still on a yellow light. Anyway she didn’t care and gave me a $110 ticket and on the ticket it said the we had committed the offence of “disobey sign”. By the way, she said she was giving me a break because she could have charge me for dangerous driving on both times.

My questions are:

1. First of all, did I make an unsafe left turn?

2. How many points charged for this offence if found guilty? (I asked her but she said she doesn’t know)

I am going to court to fight this but I just like to get some feedback/advice from some good drivers here. Thank you for your help.

 

[thunder0702]

ticked

Quite simply turning on a yellow light is against the law. Althought many people think it is caution light you are supoosed to stop accosding to police. I found this out when travel through a yellow light a Bloor/Danforth and Broadview. Only my ticked was $190.00. And I did not loose points.
You can also call a traffic ticket paralegal for more advice.

 

[Paul Waters]

"Disobey sign" is about as minor as it gets. Unless you have other offenses on your record and worried about the insurance impact, consider paying the fine and accepting it as a tax on driving. There are no points for this.

If you do wish to fight it, see the POINTTS people, or similar. They usually offer a "win" or it is free. Now a "win" includes being convicted of a lessor charge, but in your case there is no lessor charge, so you only pay for an acquital. Expect a fee of $500. The alternative is to try yourself.

You must follow the directions on the ticket to fight it. I think it will require you to visit, in person a Justice of the Peace. This is one of the services that a paralegal will perform for you.

Ask the JP, who you contact to receive "disclosure". The crown is obligated to provide to you you, the evidence that they have against you. The JP will not likelt know. Make a note of their name and location, and that you asked.

After the trial date is set, contact the crown at the court house. Ask for disclosure. Again, take their name and make a note.

When the trial date arrives, you are hoping that the cop does not show, and the charge will be dismissed.

If the cop does show, explain to the judge/JP that you have asked for disclosure and it has not been given to you, so you have not had an opportunity to prepare your defence.

Hopefully, the trial will be re-scheduled. Expect a pissed off judge.

Avoid making a plea, because you have not seen the evidence that they have against you.

If on the second date, the cop shows again, you must have your friend take the stand and testify.

But this is really a battle of attrition. It will take many, many hours of your time.

Good luck.

 

[Goober Mcfly]

I am not a lawyer, but reading through the Highway Traffic Act, you are allowed/required to pull into the intersection and wait if there is opposing traffic. If the light begins to change, you may turn when the opposing traffic stops, even if the light is red already.

Now, I am unfamiliar with the intersection in question, is there a sign prohibiting left turns on stale yellow lights?

 

[slyguy]

It will depend if you crossed into the intersection to turn left when the light was yellow (not good), or if you were already in the intersection waiting and the light turned yellow.

Basically expanding on what Goober stated.

 

[Goober Mcfly]

Thanks for clearing up my point, slyguy.

<minor rant>

I hate:

1. People who sit at the stop line when turning left. Move into the damn intersection, fucktard! Sheesh!

2. People who move into the intersection, only to attempt to reverse back to the stop line when the light begins to change. Hello!!! I'm behind you, fuckwit! Sheesh!

3. People who are too busy jerking off/talking on the cellphone/talking to their passengers to notice that the little green arrow has turned on. Yo, fucknugget! GO! Sheesh!

</minor rant>

 

[TheNiteHwk]

Gridlock idiots...

4. People who try to go through the intersection on a stale green, yellow or even red when it is highly obvious that they are going to get stuck in the middle of the intersection causing gridlock in all directions. BURNOUTS!

 

[TravellingGuy]

[BIf you do wish to fight it, see the POINTTS people, or similar. They usually offer a "win" or it is free. Now a "win" includes being convicted of a lessor charge, but in your case there is no lessor charge, so you only pay for an acquital. Expect a fee of $500.[/B]

I have POINTTS fighting a ticket for me right now,I don't believe they have a "win" or its free policy anymore. I had to pay $350+GST up front and that fee is regardless of wether they win or lose. That seems to be their standard fee unless you are charged with a serious offense and in that case you really should be getting a lawyer which POINTTS and Ex-Coppers are not.