Turn Not In Safety
Hello Members!
Regrettably, I have a new scenario with new questions: On Dec. 2012, I was driving close to the intersection of Simcoe St N. (Oshawa) and Commencement Drive (exit of DC's campus). It was 7:00 pm (already dark) and I may have been mislead by a right turn lane which is available for drivers coming into the campus but BEFORE passing the intersection. The right turn lane ends with what would be a mandatory turn to enter the college. I was on my way out of the college and ready to incorporate myself onto Simcoe St. going South. Well, another vehicle encountered me on the same lane.
Thankfully, no personal injuries and 'only' car damages.
Both of us, drivers, went to the Collision Centre Office in Whitby. The other driver went there immediately but I was able to do so the day after. At the collision centre, after filling out all paperwork, I was questioned by an officer (I shan't give his name or ID numbers) who, in the end, proceeded to charge me with TURN NOT IN SAFETY, CONTRARY TO THE HIGHWAY TRAFFIC ACT SEC 142(1). I already read that part of the act and I believe the officer went a bit too far in determining the match between the incident and the nature of bracket 1 on the section 142.
Right now I am debating whether or not to dispute the ticket. This offence carries a 2 demerit points and a $110 fine. I may not argue the fact that I might have made a mistake by letting the right turn lane to mislead me into thinking that that was my available lane. What I am concern is my insurance financial repercussions.
I contacted the Insurance Bureau of Canada and they informed me that insurance companies do not look into the Highway Traffic Act to calculate rates but, rather, the Ontario Insurance Act and that the charge will be registered on the latter (and will stay there for 6 years) even though I may succeed in fighting the ticket and get the demerit points down to 0 or have the ticket 'thrown away' on a technicality.
The only way that I can foresee this ticket being thrown away would be proving that the intersection, the nature of the exit lane of the campus, and the right turn-only lane are, as a group, confusing or misleading into a driver being 'fooled' by vehicles either driving to turn or just passing right through the intersection.
Plus... where can one go to to complain of an officer telling me to "be a man about it" and accept the charge? What makes some officers think that they can utter those kind of pejorative comments to drivers?
Input or ideas will be greatly appreciated! =)
Thanks!