Royal Spa

Closed Road Traffic Ticket

Xieron

New member
Oct 28, 2005
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A road near my home has been closed for construction which blocks access to the 407.
I was checking to see if it's still closed tonight so I could use the 407. The pylons were not blocking half of the road. I thought they were being smart and letting cars use the road during off-hours. I saw the car in front of me go through and so I followed. A cop at the side of the road pulls me over for "driving on a closed highway". It's not even a highway! He says the car in front of me was a cop (unmarked). He also pulls over 3 other cars. He only gaving a warning to cyclist (guess the rules of the road don't apply). Should I fight this? I want to because it's not clear whether the road is closed or not. In fact, there's no sign of construction except for construction equipment lying around.
 

Ironhead

Son of the First Nation
Sep 13, 2008
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A road near my home has been closed for construction which blocks access to the 407.
I was checking to see if it's still closed tonight so I could use the 407. The pylons were not blocking half of the road. I thought they were being smart and letting cars use the road during off-hours. I saw the car in front of me go through and so I followed. A cop at the side of the road pulls me over for "driving on a closed highway". It's not even a highway! He says the car in front of me was a cop (unmarked). He also pulls over 3 other cars. He only gaving a warning to cyclist (guess the rules of the road don't apply). Should I fight this? I want to because it's not clear whether the road is closed or not. In fact, there's no sign of construction except for construction equipment lying around.
How does the cyclist figure into this ?
 

simon482

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Feb 8, 2009
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the way you described it the cops were setting people up. unmarked rolls through and regular people follow and they get caught on the other side. the way you described it sounds like entrapment. if it happened the way you described it, no offense but when people usually get caught doing shit they make the story a little sad to try and play the victim.

if it happened the way you say it did and you can prove it happened the way you said it did they you got something. if not sorry about your luck.
 

Xieron

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Oct 28, 2005
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The cop stopped the cyclist but didn't give him a ticket. I asked him about that. He said he's only got 2 hands. But enough to pull over 4 cars. If you're the law, it's a warning for all or none. Shows favouritism.
 

Xieron

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Oct 28, 2005
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Hey-thanks for the entrapment angle. I never thought of that. I'm a naive mom. I went back to take photos of the unblocked part of the road.
 

simon482

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Feb 8, 2009
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Hey-thanks for the entrapment angle. I never thought of that. I'm a naive mom. I went back to take photos of the unblocked part of the road.
that will help you if you make it to court. mom you say ?
 

simon482

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Feb 8, 2009
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The cop stopped the cyclist but didn't give him a ticket. I asked him about that. He said he's only got 2 hands. But enough to pull over 4 cars. If you're the law, it's a warning for all or none. Shows favouritism.
cops much like everyone else are allowed to show favortism if they want to. all at their discretion.
 

Xieron

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Oct 28, 2005
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Hey Simon-Mom or dad, what does it matter? My kids (under 12) were in the car. What about the if I make it to court? I do plan to fight this. It's really not right. Not even grey. Yes-cops should show discretion. Not tell me they have 2 hands. This is a perfect case for it. Just tell drivers that the road is closed and move on. I've been calling them about a speeder on my street and they've done nothing (no $ in it). She speeds through every morning at 8:15 just before the school bus gets here. A dozen kids are running around. That's a safety issue!
 

Gentle Ben

Senior Member
Jan 5, 2002
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I suspect if the road wasn't properly marked "Closed" , you would have a case in court. if the sign is clearly visible , regardless of the lane being open, you don't have.
 

simon482

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Feb 8, 2009
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Hey Simon-Mom or dad, what does it matter? My kids (under 12) were in the car. What about the if I make it to court? I do plan to fight this. It's really not right. Not even grey. Yes-cops should show discretion. Not tell me they have 2 hands. This is a perfect case for it. Just tell drivers that the road is closed and move on. I've been calling them about a speeder on my street and they've done nothing (no $ in it). She speeds through every morning at 8:15 just before the school bus gets here. A dozen kids are running around. That's a safety issue!
calm down a little, i was not saying anything about your driving cuz you are a mom, i was commenting in more of a "are you a hot mom?" kind of way, so don't get all freaky on me. so "if you go to court" is not good either so WHEN you go to court pics of the way the road was laid out will help. you are looking at about a year before you get to into the court so don't lose the pics either.
 

basketcase

Well-known member
Dec 29, 2005
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Highway is the legal definition for any road open for traffic (it is also used on parking tickets).

You will never get charges dropped because you were charged and someone else wasn't. The officer believes you were guilty of the crime; what happened to others is irrelevant.

As was said, showing the road was not clearly marked as closed would be the best defense. The idea of entrapment is interesting but unless there is some kind of evidence, you are likely out of luck.

I don't know what the fine is or if points are involved but it may be the case that just paying is less expensive in the long run.
 

Xieron

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Oct 28, 2005
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calm down a little, i was not saying anything about your driving cuz you are a mom, i was commenting in more of a "are you a hot mom?" kind of way, so don't get all freaky on me. so "if you go to court" is not good either so WHEN you go to court pics of the way the road was laid out will help. you are looking at about a year before you get to into the court so don't lose the pics either.
I drive pretty good and if you don't like it get off the sidewalk. I guess I get freaky 'cause "I'm a mom". Maybe hot. Ok-I won't lose the pics because "I'm a mom". See how women get??!?!? Kind of fiesty!
 

bishop123

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Mar 5, 2005
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"driving on a closed highway" In the Highway traffic act a street is sometimes / most times referred to as 'the highway'. -401/407 etc.. I guess are called major highways- The cop was probably referring to the road. When you approach the road with no signage and inadequate pylons it's best to pull over and exit your car to look around and further ahead to gage for any indications about the road being closed. Bring your photos to court and have your observations written down and even a sketched diagram to provide a visual picture. Also, briefly write down the conversation that took place with you and the cop, its good to have a log of the event.
 

simon482

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Feb 8, 2009
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I drive pretty good and if you don't like it get off the sidewalk. I guess I get freaky 'cause "I'm a mom". Maybe hot. Ok-I won't lose the pics because "I'm a mom". See how women get??!?!? Kind of fiesty!
you are getting all up in my face :D keep the pics, take a few more tomorrow when the sun is up and they are working, see if they lay out has changed at all or if there is a sign guy there during the day. it might actually benefit you more if they have it closed off during the day then you have pics of it open at night, then it shows they have it open for traffic. you are in good shape with this, just take pics and document what you can.

mom's are hot.
 

Blue-Spheroid

A little underutilized
Jun 30, 2007
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Bloor and Sleazy
You will never get charges dropped because you were charged and someone else wasn't. The officer believes you were guilty of the crime; what happened to others is irrelevant.

As was said, showing the road was not clearly marked as closed would be the best defense. The idea of entrapment is interesting but unless there is some kind of evidence, you are likely out of luck.
This is excellent advice.

You should ask for a court date and fight the ticket. Show that you were acting in good faith and that there was no reasonable way that you could have known the road was closed to traffic. Don't point to others or accuse the police of entrapment because that won't win you any points ith the prosecutor or JP in court.
 
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