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Turn - Not In Safety

Posted: Thu Jan 28, 2010 4:50 pm
by gusto5

Back in November 2009, I received a Turn - Not In Safety while making a turn at Midland Ave. East and one intersection north of McNicoll Ave. (this left turn heading northbound turns into a Lowe's/Pizza Pizza).


I was waiting stopped in the left turn lane while awaiting for oncoming traffic. Before the vehicle in the right southbound lane proceeded through, the light turned from green to yellow. I waited for that car to pass through the intersection, assessed the vehicle in the left southbound lane to have slowed down sufficiently and appeared to have stopped, and then proceeded to make the left turn at which I collided headfirst with the oncoming vehicle in the left south-bound lane. I'm also unsure whether the light was yellow or red at the time, and my testimony will say that.


Insurance company has already assessed me for being 100% a fault, so I've lost my deductible, but that's that.


I've made a plead of not guilty, and I was wondering if a ticket issued to the other driver for driving without insurance and proper vehicle plating will help me in this case. I should also note that I've also received a summons of witness regarding the other driver's offenses. A few of my colleagues have mentioned stories of how tickets have been dropped when other drivers involved showed up to testify against the defendant, although to me that seems logically irrelevant, since we're bound by law to show up for a summons?


One more thing out of curiosity. When a ticket is issued and a section is referred to, is there a legal difference between 142 (1) and 142.1? If the officer writes 142.1 but is referring to 142 (1) is this a mistake?


Posted: Fri Jan 29, 2010 12:12 am
by viper1

All I can say is why did you wait this long for help?


Did you plead guilty?



Cheers

Viper1


Posted: Fri Jan 29, 2010 9:18 am
by gusto5

viper1 wrote:All I can say is why did you wait this long for help?


Did you plead guilty?



Cheers

Viper1


No, I plead not guilty. I'm actually still waiting for my court date.


Posted: Tue Feb 02, 2010 3:42 pm
by Traffic Law

In this particular case section number 142.1 is fine. It is not a mistake that will render this ticket a nullity. In other cases where section number actually refers to another offence may have some weight.