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disobeying traffic control device

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Fri, 2011-11-25 22:55
lastfallen
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Joined: 2011/11/25

this is a two part question...

I received a ticket for "disobeying a traffic control device". At 5:50 pm I turned left at a light that was "no left turn between 3pm - 6pm". I was pulled over and given a ticket , I did mention to the officer that it was 5:50pm and he just said "no turning between 3  and 6pm".

I signed for my ticket , knowing i was going to dispute it and after driving away I looked at the time written on it.... the officer had written 5:11pm, as time of issue.

First: with speeding, i know you usually have to be about 20km over the limit before and officer will ticket you because of passable human and device error. is there any such thing with timed signs?

second: the time on my ticket kills my argument about the time i was there .. what can i do to correct this problem before a court date is set. I do have proof that i was not even in my car by 5:40 pm

do i even have a hope of winning this case?

thanks

ktl

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Sat, 2011-11-26 12:27
#1
DriveSmartBC
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Joined: 2008/03/21
Disobey Traffic Control Device

If you face that sign and turn left from 3:00:01 to 5:59:59 you commit an offence.

Obeying traffic controls

125 Unless otherwise directed by a peace officer or a person authorized by a peace officer to direct traffic, every driver of a vehicle and every pedestrian must obey the instructions of an applicable traffic control device.

"traffic control device" means a sign, signal, line, meter, marking, space, barrier or device, not inconsistent with this Part, placed or erected by authority of the minister responsible for the administration of the Transportation Act, the council of a municipality or the governing body of a treaty first nation or a person authorized by any of them to exercise that authority;

Typical defenses to this type of ticket would include:

  1. The turn occurred before 3:00:01 or after 5:59:59
  2. The sign was not present or not visible
  3. You were directed by a peace officer or flag person to turn left
  4. The sign was not put in place by the proper authority

The court will not accept the argument that it was close enough to 6:00 that you didn't think it would matter.

The time written on the ticket could be an issue. However, if you read the ticket it says "ON OR ABOUT (violation date) AT THE TIME OF (24 hour clock)" The time was between 3:00 and 6:00 and it was "ON OR ABOUT..." I've seen arguments like this in traffic court and it all depends on what the Justice thinks. Some will convict, some won't. The Offence Act will permit the conviction and allow for amending the ticket if necessary, both before and during trial.

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