Search found 10 matches

by HMRCAF
Wed Jul 20, 2016 3:37 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 8024

Re: Disobey Sign: Illegal Right Turn

Addendum: After the arraignment I went down to the prosecutors office and explained my situation to someone there (a clerk, possibly). He was also confused and called over a prosecutor who apparently knew more on the matter. That prosecutor said that oftentimes demerit points might appear on the abs...
by HMRCAF
Wed Jul 20, 2016 2:52 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 8024

Re: Disobey Sign: Illegal Right Turn

Went to court today, here's how it went down: - Came to court with a big envelope of photos and other evidence - Asked prosecutor for a plea to TMC. She declined. - During a recess the cop approached me and asked if I was sure to come to trial. I said yes and he asked if there's any way I'd plead gu...
by HMRCAF
Wed Jul 13, 2016 7:07 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 8024

Re: Disobey Sign: Illegal Right Turn

I was charged with "disobey sign: HTA 182(2)". I did quickly tell the prosecutor I'd plead guilty right away to any charge not under the HTA but she rejected that out of hand. Next week I'll try to be more specific and bring up the section of the TMC. Thank you for the advice so far. I wil...
by HMRCAF
Wed Jul 13, 2016 5:53 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 8024

Re: Disobey Sign: Illegal Right Turn

Yes, I could also argue that, but I don't think I will unless I have to. It doesn't say the dash has to be there but the image itself forms part of the law, and typically, when a range of times is provided on official signs there's a dash to signify it, and when there is a list of times, there is no...
by HMRCAF
Wed Jul 13, 2016 5:04 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 8024

Re: Disobey Sign: Illegal Right Turn

Well, specifically my argument is that either a) the sign is invalid since it lacks every element of a prohibited right turn sign Or b) if the sign is valid then it only prohibits turns at 4pm and 6pm, not between the two, as there is no dash which typically signifies a range of times on official si...
by HMRCAF
Wed Jul 13, 2016 4:31 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 8024

Re: Disobey Sign: Illegal Right Turn

Ok, my trial is in a week and I think I have a pretty decent defense, I'll post it a bit later but hopefully for now someone can help me confirm the following:

Can I argue that failing to obey a sign is strict liability in the case that the sign itself is misleading?
by HMRCAF
Fri May 27, 2016 10:13 am
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 8024

Re: Disobey Sign: Illegal Right Turn

Thank you everyone for your help and advice. I went back to the intersection to take another look at the sign. I noticed that it was missing two components: a "dash" between 4pm and 6pm was not present and the "dash" between Mon - Fri was covered up by a bolt. Could I use these f...
by HMRCAF
Wed May 25, 2016 6:28 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 8024

Re: Disobey Sign: Illegal Right Turn

Do you think the fact that the sign is overwhelmingly unenforced could be used as a defence to get the ticket thrown out or at least reduced to a non-HTA offence? No! Being unenforced is completely irrelevent and won't help you at all. The prosecutor may offer you plea deal to some lesser charge, b...
by HMRCAF
Wed May 25, 2016 1:22 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 8024

Re: Disobey Sign: Illegal Right Turn

You might get a plea deal to some lesser charge, but it would still be some kind of traffic violation and still affect your insurance. I would plead NOT GUILTY and request a trial with the officer(s) present. Once you get your Notice of Trial with the trial date on it, you can then request disclosu...
by HMRCAF
Wed May 25, 2016 12:06 pm
Forum: Failing to obey signs
Topic: Disobey Sign: Illegal Right Turn
Replies: 18
Views: 8024

Disobey Sign: Illegal Right Turn

I work in a medical center whose parking lot is only accessible through a residential neighbourhood. This neighbourhood has a lot of restrictions on turns during rush hour, including a very convenient turn onto a main street between 4-6pm. Of course everyone who works there makes that turn constantl...

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