OHTA.ca

Hello all,

I was ticketed for turning right at the intersection of Church St. N/B and Bloor St. E/B in May of 2009 and I requested a trial which will be coming up at the end of this month, January 2010. The intersection does have signs that say no turning left or right but are so close to the light that it is obscured in the evening when the light is red (the situation of my ticket).

Unfortunately, I didn't find this website nor the ticketcombat website until recently. Is it too late to ask for a disclosure? Since the sign only displays a symbol, does that mean I cannot use the bilingual defence? Is my only recourse to use a defence of due diligence for this offense? Do I have any other options?

The reason I wish to defend that I put due diligence is because I had googled my directions specifically to avoid the no left turn on yonge and it directed me into this offense. Do I have a chance at all?

Any help is appreciated. Thank you.

theironchef wrote:Is it too late to ask for a disclosure?

It isn't too late, but you'll probably have to ask for an adjournment on the day of (or prior to) your trial date if it does not arrive in time. Unfortunately, that would be your fault - which means that if anyone mentions at a later date to "file an 11B motion" (stop the trial because it took too long for it to be heard), it would not be an option.

theironchef wrote:Since the sign only displays a symbol, does that mean I cannot use the bilingual defence?

Correct. Even if you could, though, bilingual defence is very unreliable.

theironchef wrote:The reason I wish to defend that I put due diligence is because I had googled my directions specifically to avoid the no left turn on yonge and it directed me into this offense. Do I have a chance at all?

Not using that defence, unfortunately. Google maps is not an MTO publication or legal advice. Following directions from anyone, be it Mapquest, Google maps or a friend, is at your own risk.

The due diligence defence that may work is that the sign was obscured or not visible, and you made the turn because you did not see the sign until after you had started the turn, or it was too late to avoid turning... if you can find a way to back up your claim (videos, photographs).