Ontario H.T.A 182(2). Disobey sign .No trucks. Dixie road S/B at south service road Mississauga ON. That is the way to QEW eastbound. I though I could win! I was wrong. Here is the story: Im a truck (company) driver with 10 + years of experience all over Canada and USA.Clean record, never been stopped in Ontario. ON may13th, 2010 I head to Cal Tire at Stanfield Road in Mississauga to torque my weels.I got off from QEW west true North Service road, Dixie Road North and Queensway east. On my way back I went the same way fallowing my GPS. However Dixie road splits before QEW you veer to the right to go south on an overpass .Then after the overpass I made a right turn on road that looks like a ramp going to South Service Road. This is just before the Dixie Mall) It was reining (forgot about it at trial day) I noticed 3 no truck signs on the way, could not understand where exactly is prohibited (Dixie road south or South service road right turn. Those are the 2 choices only).There is no trucks sign immediately on roadway after the turn ,as usually is. I continue east on service road. There was a straight truck stopped on the roadway. An officer in yellow jacked show up in front of him and wave me to stop. I did . My truck is long the trailer was blocking the ramp, so he made the straight truck to pull ahead so I can straighten my truck ahead. Then I saw a black unmarked cruiser parked at the sidewalk on the right. The officer ask me where Im coming from .I said I could not see a sign prohibited my way .He said there are a lot of signs and issued a ticket for 110$ ,and I was on my way to Vancouver. There is something strange about this officer – he was wearing a yellow jacket (forgot to ask about that at the trial) He tried to pursuit me to go to court .Ask me personal question. On the court date came with suit and tie .Came well prepaired.The judge recognize him talked to him, they both smile. It seems he enjoy coming to court. The court: At first I was thinking I pay the ticket and forget about it. Then talk to my friend, and he say go to court, you gain time, postpone paying money, postponing the points to be entered on you record. There is a chance officer not to show up, you can get a lesser sentence and so on .I change my mind asked my dispatchers to give me a straight load from Vancouver back to Toronto ,hurried up ,and chose trial option on the ticket on May 26th ,2010.Went to Dixie and South Service Road, made pictures. And sure enough the unmarked cruiser was there again :) . You can see the 14 pictures at flickr here: http://www.flickr.com/photos/12964856@N08/. They have explanation beneath. Going second time there ,raise my confusion. The signs are posted with assumption that you KNOW where South Service Road is and you KNOW that the road to QEW goes true that road. There isnt any of the green signs marking truck road going south from where I left, but there are plenty going north.I dont know how to upload pictures direcrly at the post or how to give a link but you can see all of them at flkr.The post is getting to long so I will explain 4 of them .You can read beneath the others . Picture 3(ticket3) is on Dixie split before you veer on right – a lot of info –need to stop to fully understand. Nothing to tell you where is South Service Road and is the road to QEW goes via that road. Small letters under the no truck sign. Picture4 (ticket4) is a sign at midpoint of the split and intersection with South Service Road. This is the sign that made me think I could win. No truck facing you. I though it is misplaced .It basically telling you, you can not continue. Ticked 5 is a closer look. Ticket 6 shows the sign 35 meter before intersection. No truck on South Service Road. Probably this is the sign I got the ticket for. At this point I know I cant go south. I dont know where South Service Road is. Next ticket 7 is the actual intersection there is a sign with 2 arrows showing you that you going to South Service Road and QEW Toronto. So now I know where S.S.Road is.If the sign say "via"in the middle I would have known that the road to QEW goes true S.S.Road. The trial was set up on May 9 the 2010 at 130 pm.The prosecutor came and everybody line up at the door. Then he start talking to us one by one. The JP came. Everybody stands an sit .The first 3 people got away because the officers where late. Then everybody start pleading guilty one by one. They got the fines but "the other mother" as I understood the points where droped.After the second brake came my turn. The prosecutor asked me "Now you know you can not go there with truck. Do you want to save the points? 'I want it to show him the pictures and explain. So he understood that I will plead not guilty. Wrote something on the paper and made me sit. There were 5 more drivers for the same offence (out of 30 people approximate) .The driver of the straight truck was there to. They all pled guilty, some pay immediately, some asked for 15-30 day. My turn came. I pleaded not guilty. The officer explained what happened. He said he was called because of complain of the resident. The whether was clear, good visibility (forgot to confront him about that).He described my vehicle very well .Describe the road .Explained that Dixie road is a truck road (I forgot late on to ask how would he know that on my point of view).Explained that the way to QEW is true S.S.Road (I forgot again to ask him how he knows that) He said 'I was parked in the aria, wearing my uniform, was on foot 'and so on ,I dont remember everything it was quite long. Then the prosecutor asked him if he were employed by OPP at the time .Hi said yes. I still dont know is he a police officer or not. It was my turn to ask questions. I showed the pictures .The JP ask if I showed this to the prosecutor before .I said no. They let me show some pictures to the officer. So I showed himpicture3 and ask him how I would know where S.S.R is.Dont remember the answer. Then I showed the picture 5 (midpoint no truck sign wit no explanation) He said something about it doesnt have to have an explanation. Then I showed him second picture 7 in flkr and said it does not say via. He said it does not have to say via .then I asked him where he was parked.Hi said in the aria. He was reluctant to say where exactly so I asked him tri times and he said on a small roadway. Then I confront him with picture ticket14 where you can see him parked on the sidewalk. The picture is from May 26 so JP interfere. She said it is not relevant .I've lost focus and forgot to ask him if I 'all get thicket by parking there. English is not my first language as you can guess from the post. I lost focus couple more time and Im afraid my explanations where not brilliant. But I thing they all got my point. I let him go then immediately asked I forgot a question and JP and prosecutor let me ask. So I asked ho many ticket he wrote that day .He said 4.I lost my focus again .The next Question should have been .Did you stop them all on the roadway and have you been parked on the sidewalk all the time. Then went to the defendant bench swear and try to make my point. The prosecutor chose 3 pictures only (out of 19) to go to the judge 5, 6, and 7.They let me show 3 maps printed of Google. I explained my way out to QEW intersection by intersection, sign by sign. On the end I heart myself saying "made a mistake turning" The prosecutor asked me one question .Did you see the sign" I said "yes" .Before I say something else he said 'no more questions and it was over. The JP send me to the front bench and start talking in language I dont understand. I realized that I lost when the prosecutor say seeking 85 $.I made another mistake here. On the question do u have anything to say about the fine I said nothing. I could have said that I have two small children and my life is not working. I was on probation with the company. I paid the ticket with my visa and surprise it is 110$.Then when back and ask the prosecutor if I get the points .He said yes. So the recap here is about 400$ lost wages +110 ticket + I dont know how much from insurance hike up. My company did not fire me. I could not sleep firs night, then I had to drive. It has been a week and I cant stop thinking about it. If we assume that 250 days on that spot are written 4 tickets this is 1000 people a year =110000 revenue. If half of them are drivers going south on Dixie I would have 500 people a year very interested in my post. The JP said 3 times that day, that she had seen a lot of infractions (dont remember the exact word) on that spot. She can not do anything. The drivers have to call their MPs write letters to City of Mississauga. Or start a petition. One important point- while I was looking at the pictures after the trial I found the missing part of the puzzle created by the City of Mississauga. On picture 5 of you zoom in on the lamp poll (above no parking sign) after no truck sign there is something written. 'INDICATE RIGHT TURN FOR SERVICE RD ONLY.I did not see that. How can I? It is 9 meter after the sign .It took me so long .Can I win on that basis. Does the officer and prosecutor knew about that and never mention it? Does the JP paid attention to what my point was? Also can I win if the officer is parked illegally and stop me unsafe on the roadway. No blinking police cruiser behind me? Could I win because it was raining and I possibly did not see the sign? What are my chances for appeal? Thursday the 24th of august is the 15th day dead line. What is the cost? Any laughs, comments and help are highly appreciated

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ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road

by: The Trucker on

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The Trucker
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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road

Thanks Chris for your post . I got all your points including the 60m distance for the sign to be visible. :) Is there such think as reopening a case ?

Thanks Chris for your post . I got all your points including the 60m distance for the sign to be visible. :)

Is there such think as reopening a case ?

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One other consideration

I've looked at many of the posts and - for the most part - they are correct. However there has not been a lot of mention of an additional ground of appeal. It appears that you made some mistakes in your trial. Although you are not entitled to a 'do over' the JP had a duty to make sure that you did it right the first time. He/she doesn't have to do your job for you, but he/she does need to give you a reasonable opportunity to do a good job for yourself and assist you (to some degree) especially through more difficult evidentiary or technical issues. To be frank I did not have the chance to review your case beyond a 10-15 second scan but based on some of your points and based on what many people have written in response it MIGHT be a viable ground of appeal to suggest that the JP did not do enough to assist you as an unrepresented litigant. I am not saying that this will succeed but what I can say is (1) I have won many appeals on this basis and (2) if I were asked to take this case on this is one of the first issues I'd investigate. David Anber Criminal Lawyer www.DavidAnber.com

I've looked at many of the posts and - for the most part - they are correct.

However there has not been a lot of mention of an additional ground of appeal. It appears that you made some mistakes in your trial. Although you are not entitled to a 'do over' the JP had a duty to make sure that you did it right the first time. He/she doesn't have to do your job for you, but he/she does need to give you a reasonable opportunity to do a good job for yourself and assist you (to some degree) especially through more difficult evidentiary or technical issues.

To be frank I did not have the chance to review your case beyond a 10-15 second scan but based on some of your points and based on what many people have written in response it MIGHT be a viable ground of appeal to suggest that the JP did not do enough to assist you as an unrepresented litigant. I am not saying that this will succeed but what I can say is (1) I have won many appeals on this basis and (2) if I were asked to take this case on this is one of the first issues I'd investigate.

David Anber

Criminal Lawyer

www.DavidAnber.com

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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road

Just to add... this is why I usually recommend that, if the Prosecutor offers a bylaw infraction deal, take it. With nothing on the driver abstract, insurance is not affected, either.

OTTLegal wrote:

A bylaw charge is a city bylaw that is not usually recognized by the Ministry of Transportation, subsequently if you had had the charge dropped to a bylaw your driving record would have remained clear, no record on your driving abstract

Just to add... this is why I usually recommend that, if the Prosecutor offers a bylaw infraction deal, take it. With nothing on the driver abstract, insurance is not affected, either.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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The Trucker
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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road

Tank you Simon. I did not know that at the time of the trial. At the city of Mississauga website they say the points can not be spared, in fact they can be. I should have taken that deal. I was so pump up that Im not guilty. The problem is that this occupies my mind and takes its toll.

Tank you Simon. I did not know that at the time of the trial. At the city of Mississauga website they say the points can not be spared, in fact they can be. I should have taken that deal. I was so pump up that Im not guilty. The problem is that this occupies my mind and takes its toll.

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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road

Interesting read. You should consult with paralegals in Mississauga. Based on your posts I assume it was officer #2448. He writes a lot of tickets in that area. You may have an argument on Appeal.

Interesting read. You should consult with paralegals in Mississauga. Based on your posts I assume it was officer #2448. He writes a lot of tickets in that area. You may have an argument on Appeal.

The Trucker
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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road

Thanks Traffic Law .I will .

Thanks Traffic Law .I will .

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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service

Some update – I pass by that road last Friday, wanted to see how far is that last No Heavy Truck sign visable.Well it is visible from more than 60 meters, so far no excuse here.Intresting thing was, that the officer was there to, busy with a roll off truck. By the time I was passing by, 3 truck pass by one after another, coming from south true Dixie and going true Cormack drive ,true South Service Road to QEW east. They all got away with it .The officer did not stop them. On Cormack drive just off of Dixie there are No Heavy Truck signs on both sides of that road, and it is pretty clearly marked right on Cormack pull off. It is one hot spot for violating those "no heavy truck sighs" Probably thats way there were so many truck drivers at the court. I was hoping some of them will post here 

Some update – I pass by that road last Friday, wanted to see how far is that last No Heavy Truck sign visable.Well it is visible from more than 60 meters, so far no excuse here.Intresting thing was, that the officer was there to, busy with a roll off truck. By the time I was passing by, 3 truck pass by one after another, coming from south true Dixie and going true Cormack drive ,true South Service Road to QEW east. They all got away with it .The officer did not stop them. On Cormack drive just off of Dixie there are No Heavy Truck signs on both sides of that road, and it is pretty clearly marked right on Cormack pull off.

It is one hot spot for violating those "no heavy truck sighs"

Probably thats way there were so many truck drivers at the court.

I was hoping some of them will post here 

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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service

Wow! 696 views it is getting out there. I want it to mention, (probably most of you know about it) Google Street View is an excellent tool .I could see the intersection, and I could virtually travel along the road -amazing! By the way Im still waiting for that disclosure. It has been 4 months. And yes I filed an appeal in Brampton.

Wow! 696 views it is getting out there.

I want it to mention, (probably most of you know about it) Google Street View is an excellent tool .I could see the intersection, and I could virtually travel along the road -amazing!

By the way Im still waiting for that disclosure. It has been 4 months. And yes I filed an appeal in Brampton.

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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service

How was the first trial done in error? I don't live there so trying to figure the signs out even with google maps and your pics. So if I see them correctly CMV are not supposed to enter the QEW from Dixie Rd at all? Looking at the North Service Road and South Service Roads they both appear residential areas? and OVER 700 views - this is a excellent demonstration why a quick description of offence and location is important on every single thread and to keep on one thread :wink:

The Trucker wrote:

. And yes I filed an appeal in Brampton.

How was the first trial done in error?

I don't live there so trying to figure the signs out even with google maps and your pics. So if I see them correctly CMV are not supposed to enter the QEW from Dixie Rd at all?

Looking at the North Service Road and South Service Roads they both appear residential areas?

and OVER 700 views - this is a excellent demonstration why a quick description of offence and location is important on every single thread and to keep on one thread :wink:

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
The Trucker
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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service

Some updates –my life had a fail to stop on stop sign ticket – went to court –officer did not show up. Shes clear .My insurance did not go up –offence is not even mentioned in policy. So far so good. 8 month passed and no reply from the court in Mississauga .Im still waiting for court transcript .Should I call them?

Some updates –my life had a fail to stop on stop sign ticket – went to court –officer did not show up. Shes clear .My insurance did not go up –offence is not even mentioned in policy. So far so good. 8 month passed and no reply from the court in Mississauga .Im still waiting for court transcript .Should I call them?

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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service

Try calling them and see what's up.

Try calling them and see what's up.

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The Trucker
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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service

Finaly they told me my transcripts are ready it took more than a year !

Finaly they told me my transcripts are ready it took more than a year !

The Trucker
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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service

Wow 1557 Views. How many of you had the same ticket but never contacted me to team up and have those signs properly positioned? Here is the update: Ive abandoned the case .After more than a year I cooled off .No need to throw more money and time, and try to beat them in their own game. Why risk to be humiliated again? All of them, judges, prosecutors, police, eat on the same table, and wait for me to serve the desert. It is a pity that the money grab still going on that service road. Somebody stole my wallet at truck stop in Calgary .Turns out –it is all on camera. I call the police and the officer told me, they will do nothing about it, took the DVD with the recording and drove off. Make your own conclusions. A tout: Why The Prosecutor is allowed to offer a bylaw infraction deal, or any deal at all? Your eider guilty or not guilty. It is not a flea market! It is a court. Advise: If you feel that it is important to fight the ticket and your are not familiar with the system –get help. It is not about justice as you imagine it, and might think. People make living off it.

Wow 1557 Views.

How many of you had the same ticket but never contacted me to team up and have those signs properly positioned?

Here is the update:

Ive abandoned the case .After more than a year I cooled off .No need to throw more money and time, and try to beat them in their own game. Why risk to be humiliated again? All of them, judges, prosecutors, police, eat on the same table, and wait for me to serve the desert.

It is a pity that the money grab still going on that service road.

Somebody stole my wallet at truck stop in Calgary .Turns out –it is all on camera. I call the police and the officer told me, they will do nothing about it, took the DVD with the recording and drove off.

Make your own conclusions.

A tout:

Why The Prosecutor is allowed to offer a bylaw infraction deal, or any deal at all? Your eider guilty or not guilty. It is not a flea market! It is a court.

Advise:

If you feel that it is important to fight the ticket and your are not familiar with the system –get help. It is not about justice as you imagine it, and might think. People make living off it.

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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service

Update: I abandoned the appeal. It is not worth the headache .

Update: I abandoned the appeal. It is not worth the headache .

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Re: ON H.T.A 182(2).No trucks. Dixie road S/B at s. service

There is a lot to be said about learning about situations and there is a WEALTH of information her and some fantastic guys who can help you There is an old and WISE adage "A man who is his own lawyer has a fool for a client" All professionals of the caliber that you ask for assistance - all have one key factor in common: Years of education and Training! which can and often does make the difference between winning and losing and in extreme cases – "financial" demise, and loss of "freedom and liberty". Please DONT misunderstand I am not trying to berate the OP, but when your lively hood is at stake, money and insurance and driving record, by all means TAKE advice, but in some cases you need to go lawyered up, that's what they do, YOU PAY for that as well. I work on my car because I have knowledge and experience, at times a master tech or a dealer has to take over. My own conviction comes of this year (after 3 years) my insurance went up a bit, not much, but I don't drive for a living. Take care yall and happy family day !

There is a lot to be said about learning about situations and there is a WEALTH of information her and some fantastic guys who can help you

There is an old and WISE adage "A man who is his own lawyer has a fool for a client"

All professionals of the caliber that you ask for assistance - all have one key factor in common: Years of education and Training! which can and often does make the difference between winning and losing

and in extreme cases – "financial" demise, and loss of "freedom and liberty".

Please DONT misunderstand I am not trying to berate the OP, but when your lively hood is at stake, money and insurance and driving record, by all means TAKE advice,

but in some cases you need to go lawyered up, that's what they do, YOU PAY for that as well.

I work on my car because I have knowledge and experience, at times a master tech or a dealer has to take over.

My own conviction comes of this year (after 3 years) my insurance went up a bit, not much, but I don't drive for a living.

Take care yall and happy family day !

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