OHTA.ca

Hello,

Recently while driving to work, I ran into a very bad traffic jam which was caused by a major collision. About 2.4 km before the scene of the accident, an officer set up shop at a small intersection (the entrance to a mall, to be exact) and was pulling over drivers who were unexpectedly getting caught in the intersection after the light turned red. Like the other drivers, I entered the intersection at a green light but came to an unexpected stop due to the chaotic traffic. The light then turned red, at which point the officer walked out onto the road and directed me and many other cars to pull over for a ticket.

The offence was "Interfere with traffic" and the fine is $65.

What are the chances of successfully defending against this ticket? Would simply paying it off be the better option? I'd like to fight it if possible because I'm pretty annoyed at this cop setting up shop near a major accident and using it to pull over car after car after car.

Thanks.

Were you charged with HTA S.170 (12) or a municipal by-law offence?

http://www.e-laws.gov.on.ca/html/statut ... e]Vehicles interfering with traffic

(12) Despite the other provisions of this section, no person shall park or stand a vehicle on a highway in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway. R.S.O. 1990, c. H.8, s. 170 (12).

Application of subs. (12), where by-law in force

(13) The provisions of subsection (12) with respect to parking or standing in such a manner as to interfere with the movement of traffic or with the clearing of snow from the highway do not apply to a portion of a highway in respect of which a municipal by-law prohibiting or regulating parking or standing in such a manner as to interfere with traffic or with the clearing of snow from the highway, as the case may be, is in force. R.S.O. 1990, c. H.8, s. 170 (13).

Penalty

(14) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $20 and not more than $100. R.S.O. 1990, c. H.8, s. 170 (14).[/quote]If you were charged with the by-law, you might as well just pay the ticket because it won't have any consequences on your license. You could request to have the ticket reduced, but that's about it.

If it's the HTA offence then it's more serious because a conviction will be applied on your driving record. Your insurance company can increase your premiums as a result of that. You can choose the trial option, when you get your 'notice of trial' in the mail... request for disclosure and check out the officer's notes. Once you get the officer's notes, you'll have a better picture of how the crown will prosecute you.

Why did you proceed through the intersection when you did not have 'your car-length's space' on the other side? Was your car blocking the entrance to the mall? Were you blocking cross-traffic?

I'm very surprised there is a section in the HTA that deals with this. I was under the false belief that blocking an intersection was strictly covered by by-laws. So technically a 2nd or 3rd late red-light left turn driver could also get hit with HTA S.170 (12)

KHAAANNN wrote:I'd like to fight it if possible because I'm pretty annoyed at this cop setting up shop near a major accident and using it to pull over car after car after car.

But it's not annoying to everyone else when you block a direction of traffic instead of waiting? You can't go anyways, so why block everyone else from moving? There's no reason traffic has to get any worse than it is. There's nothing opportunistic in the officers action as you are suggesting. We're going to have to agree to disagree on this one.

KHAAANNN wrote:What are the chances of successfully defending against this ticket?

The chances are as good as your defense. If your defense relies on an accident over 2km away and the fact the light was green while you waited in the intersection, I'd say your chances are non-existent.

You're going to have to look somewhere else if you plan on defending yourself against the charge.

iFly55 wrote:Were you charged with HTA S.170 (12) or a municipal by-law offence?

http://www.e-laws.gov.on.ca/html/statut ... e]Vehicles interfering with traffic

(12) Despite the other provisions of this section, no person shall park or stand a vehicle on a highway in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway. R.S.O. 1990, c. H.8, s. 170 (12).

Application of subs. (12), where by-law in force

(13) The provisions of subsection (12) with respect to parking or standing in such a manner as to interfere with the movement of traffic or with the clearing of snow from the highway do not apply to a portion of a highway in respect of which a municipal by-law prohibiting or regulating parking or standing in such a manner as to interfere with traffic or with the clearing of snow from the highway, as the case may be, is in force. R.S.O. 1990, c. H.8, s. 170 (13).

Penalty

(14) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $20 and not more than $100. R.S.O. 1990, c. H.8, s. 170 (14).

If it's the HTA offence then it's more serious because a conviction will be applied on your driving record. Your insurance company can increase your premiums as a result of that. You can choose the trial option, when you get your 'notice of trial' in the mail... request for disclosure and check out the officer's notes. Once you get the officer's notes, you'll have a better picture of how the crown will prosecute you.

Why did you proceed through the intersection when you did not have 'your car-length's space' on the other side? Was your car blocking the entrance to the mall? Were you blocking cross-traffic?

I'm very surprised there is a section in the HTA that deals with this. I was under the false belief that blocking an intersection was strictly covered by by-laws. So technically a 2nd or 3rd late red-light left turn driver could also get hit with HTA S.170 (12)[/quote]

Thanks for the response. It is a Highway Traffic Act offence as indicated on the slip.

The traffic was actually moving, albeit slowly, then suddenly came to a stop while I was mid-way through. There wasn't any more movement for the rest of the duration of the green light. When it turned red, the officer got out of his car and pulled over all the cars that didn't make it across.

This teaches drivers to be patient and not inch their car in the middle on an intersection unless they're able to make good judgement that they will make it across the intersection without obstructing traffic.

As for successfully defending the ticket, i doubt that would be possible. The least they will do is lessen the charge but you will still be convicted of a charge.

I would file for trial and ask for disclosure to see what evidence the officer has against you before making a decision. If the evidence is weak you can go to trial, if it is strong you can make a plea bargain to a lessor offence.