[NefCanuck]

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