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Thornhill - Bathurst And Clark - Disobeying Sign 182(2)

Author: Dovaleh


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Dovaleh
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Thornhill - Bathurst And Clark - Disobeying Sign 182(2)

Unread post by Dovaleh »

Hello everyone,


Wondering if I may have a case or argument for this.


Location: Bathurst and Clark.

Season: Winter 2008 / Snowing


I was driving from the 407 southbound down Bathurst St. I was approaching Clark and was in the very right lane needing to go to the Sunoco gas station, so I proceded through the intersection and was going to make the immidiate right into the gas station entrance, until I was stopped by an officer.


I was charged with Disobey Sign - 182(2) as there was a sign on Bathurst St. on the North side of Clark stating "RIGHT LANE MUST TURN RIGHT". The sign is posted / hung on a hydro pole, but several meters before the intersection.


If you drive from the right lane and cross the intersection, there's still a right lane, which includes a bus stop as well as the entrance to the gas station. This right lane ends and eventually merges with the left lane.


Second, I felt as if it would have been the safest approach to go to the gas station as if I had stayed in the left lane, gone through the intersection, it would have given me NO time at all to cut through 2 lanes to make it into the gas station, in which at the same time, a car driving east bound on clark, making a right turn could possibly strike a driver wanting to go to the gas station the "legal way".


Question, how far can a sign be posted to apply as a rule in a specific location? For example, I'm assuming that same sign can't be applied 1 km before that intersection for me to know that? So is there anywhere in the that states that?


Do I have any other argument for this? Regardless of the "safer approach to go to the gas station" I still disobeyed the sign posted across the intersection.


Anyone?

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hwybear
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Unread post by hwybear »

clarity for others from google maps


SB on Bathurst prior to Clark

- designated left turn lane

- L1 straight thru

- L2 straight thru

- designated right turn lane (right turn pavement markings, yellow sign "right lane exits", regulation black/whi right turn arrow)


SB on Bathurst after Clark

- L1 straight thru

- L2 straight thru

- merge lane (approx 100m) long

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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hwybear
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Re: Thornhill - Bathurst And Clark - Disobeying Sign 182(2)

Unread post by hwybear »

Dovaleh wrote:Wondering if I may have a case or argument for this.


Location: Bathurst and Clark.

Season: Winter 2008 / Snowing


think its a little too late for any arguement?

Last edited by hwybear on Sat Jan 23, 2010 8:16 pm, edited 1 time in total.
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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Unread post by racer »

You have an excellent chance of having the charge stayed if you make a proper 11B argument - dismiss the charge based on delay, instead of proving that point in court.

"The more laws, the less justice" - Marcus Tullius Cicero
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