OHTA.ca

Hey,

I got a ticket for 'improper right turn' form Yonge street onto Holmes ave (small st east of Yonge) however the cop wrote I made the incorrect right turn on Olive ave which is one street north of Holmes ave on Yonge st.

What is the best way to exploit this error?

also, I made the incorrect right turn because there was an illegally parked car (too close to the intersection) so I had to make a really wide turn into Holmes and ended up tapping a car (no damage but other car called the police leading to me getting the ticket).

I will definitely fight the ticket however can i get it cancelled based on the ticket error???

Thanks!!

Incorrect location is probably not going to be considered a fatal error. If you raise it the prosecutor will probably ask for it to be amended to the correct location and it's not really material to the charge since when you are arraigned the charge wording will only say that you are charged with committing the offence of unsafe turn on x date in "the city of Where Ever, in the said region", so the prosecutor really doesn't have to prove anything more than that it was somewhere in the city of Where Ever.

That being said, you could possible make an argument that the error somehow prejudiced your ability to make a full answer and defence, thus constituting a breach of your s. 7 Charter rights, if it has actually prejudiced your ability somehow.