So I was making a left out of the Audi/VW parking lot today @ kipling and the Queensway. People were backed up for the red light and they left me room to go through. So I creep through and try to make my left to go northbound on kipling when some old lady in a Honda Accord nails me. She was in the center lane (the one with two yellow lines that meets up with the left turn lane) speeding to try and make the advanced green. She scratched up my front bumper pretty bad and her side of her car got scratched. Cop comes along and gives me a ticket for "failing to yield from a driveway" which is $110 and 2 or 3 points. His reason; "you should have a clear view before you turn". Ya thanks!
Anyways I checked out the MTO website and I could not find this infraction under the points list. Anyone have any suggestions on what I should do?
that sucks Dude glad your ok :(
that does suck...challenge him and take him to court!
ouch, that sucks.
Be sure to fight the ticket, you could get the charged lowered or even better dropped.
I'd say fight it but I've been in your position before. YOU were turning so the judge is going to look at that fact only and it's pretty black and white, you can't prove she was speeding or what not and it doesn't matter either,
You were turning, you are at fault :(
ZOOM,Jul 4 2005, 08:57 PM Wrote:You were turning, you are at fault :(
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Exactly.
BUT, if I can get a careless reduced to 35 over, I'm sure the judge can do something for ya.
EVERY ticket that day in court was reduced. Wether it was reducing it from a $5000 fine to a $1000 fine, they reduced a lot. :o
ZOOM,Jul 4 2005, 08:57 PM Wrote:I'd say fight it but I've been in your position before. YOU were turning so the judge is going to look at that fact only and it's pretty black and white, you can't prove she was speeding or what not and it doesn't matter either,
You were turning, you are at fault :(
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Zoom's right. Doesn't matter if she was going 20 or 120, you were coming in from a driveway.
It doesn't matter, if you were drinking, smoking crack, driving with your feet, speeding, had night shaded lights, and hit that lady dead sideways while she was parked.
Take it and fight it, the worst case scenario is the judge will laugh at you and send you packing. But honestly that NEVER happens.
Not sure if you two exchanged information or not but if she files a claim then you'll get an insurance strike and a points loss that is one big A55 fuk when your insurance comes up for renewal!
MAlby7,Jul 4 2005, 08:48 PM Wrote:So I was making a left out of the Audi/VW parking lot today @ kipling and the Queensway. People were backed up for the red light and they left me room to go through. So I creep through and try to make my left to go northbound on kipling when some old lady in a Honda Accord nails me. She was in the center lane (the one with two yellow lines that meets up with the left turn lane) speeding to try and make the advanced green. She scratched up my front bumper pretty bad and her side of her car got scratched. Cop comes along and gives me a ticket for "failing to yield from a driveway" which is $110 and 2 or 3 points. His reason; "you should have a clear view before you turn". Ya thanks!
Anyways I checked out the MTO website and I could not find this infraction under the points list. Anyone have any suggestions on what I should do?
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Here's where you're getting nailed if I'm reading the situation right vis a vis the Highway Traffic Act, specifically section 139 taken from the copy of the HTA available at:
E-Laws Public Statutes
139. (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard. R.S.O. 1990, c. H.8, s. 139 (1).
You should not have tried to enter the intersection unless you were reasonably sure that it was safe to do so. The fact that you admittedly "squeezed in" trying to make the turn doesn't help your case either. But I'd say fight it anyways, you have nothing to lose by doing so.
NefCanuck
Well that was the wrong choice of words (ie. Squeezed). The traffic left ample amount of room for me to enter and I proceeded with caution. I know according to the Law I am in the worng but when you think of it in common sense you can clearly see that there is no reason someone should enter the left hand turning lane 150m before the intersection when the actual left hand turning lane branch off was about 20m long and empty.
From the way your story sounds you made it onto the street fine and were crossing one lane and into the left turn lane where the white dotted line says its safe to do so? And she came speeding up the shared turning lane for left turns into the drive ways? i'd say fight it as she should have been charged with careless, because she was speeding in a "caution" lane where there is no posted speed limit and anyone could have jumped out in front of her at any time even from the opposing traffic.
So i'd look for any infractions you can find involving that middle shared lane, because if that's the case i could use it as a passing lane and speed like a MoFo and never get charged :D
If you had pictures, you may be able to further your cause... if she was in a shared center lane, you may have less to stand on than if it were double yellow median before the turn lane.
MAlby7,Jul 5 2005, 07:01 AM Wrote:Well that was the wrong choice of words (ie. Squeezed). The traffic left ample amount of room for me to enter and I proceeded with caution. I know according to the Law I am in the worng but when you think of it in common sense you can clearly see that there is no reason someone should enter the left hand turning lane 150m before the intersection when the actual left hand turning lane branch off was about 20m long and empty.
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You want common sense and the law? Gee, ask for world peace why don't you? ;)
Hassle as far as I can see is that unless you can prove that she was operating her vehicle in an unsafe manner, I don't know that you have any defense to what you did.
Having said that however, from your story it appears that she was in the centre lane dividing the two directions of travel, which is a shared lane for both directions of travel). Now were there any opportunities for her to make a left turn
before the dedicated left turn lane that was in front of her? If there wasn't, then your argument holds more weight (I don't think her speed enters into this,
unless you can prove that she was speeding and since the cop didn't charge her with that, I think that's a dead issue anyways)
NefCanuck
She drove into you!
Fight it.
My advice. learn to drive Fuktard. It has everything to do with living up in or near Woodbridge.............A nationality thing.
And now sell your car so i can't insult you anymore.
The day couldn't get worse.
Oh, except i played golf at Legends today. For $10. And I shot an 89.
meford4u,Jul 5 2005, 06:53 PM Wrote:My advice. learn to drive Fuktard. It has everything to do with living up in or near Woodbridge.............A nationality thing.
And now sell your car so i can't insult you anymore.
The day couldn't get worse.
Oh, except i played golf at Legends today. For $10. And I shot an 89.
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pffft 89.
my ass.
Great deal though. I wish I could have made that.
meford4u,Jul 5 2005, 05:53 PM Wrote:My advice. learn to drive Fuktard. It has everything to do with living up in or near Woodbridge.............A nationality thing.
And now sell your car so i can't insult you anymore.
The day couldn't get worse.
Oh, except i played golf at Legends today. For $10. And I shot an 89.
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how the heck did you play at Legends for $10? Legends on the Niagara right?
meford4u,Jul 5 2005, 06:53 PM Wrote:My advice. learn to drive Fuktard. It has everything to do with living up in or near Woodbridge.............A nationality thing.
And now sell your car so i can't insult you anymore.
The day couldn't get worse.
Oh, except i played golf at Legends today. For $10. And I shot an 89.
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Thanks a lot Jerk! Who would you charge an old lady with her even older mother in a honda or a good looking young guy in a done up focus?
Go to court, go to court.
A cop caught me doing a very high speed in a very low limit and I got a very good deal on it. So go to court!!!!
darkpuppet,Jul 5 2005, 01:25 PM Wrote:If you had pictures, you may be able to further your cause... if she was in a shared center lane, you may have less to stand on than if it were double yellow median before the turn lane.
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go back and take pictures of where it happened, maybe it will help your case...
if you ask me she was not using the lane for the right reasons, she was obviously going to fast in that lane, if she coudlnt stop to avoid hitting you.