Turning Traffic Tickets:
Prohibited or Unsafe Turns or Lane Change Violations

The fine attached to a turning violation, like most moving violations, is not the only penalty for the offence. Any turning violation has four different penalties.

• Two or Three demerit points
• A fine of one hundred and ten dollars ($110.00)
• A conviction registered on your driving record for three years
• Possible insurance increases

Offences are not registered with the Ministry of Transportation until the ticket is either paid or a conviction has been registered by the court. Insurance companies are not made aware of a driving offence until the conviction has been sent to the Ministry of Transportation by the court registering the conviction; therefore, if you have applied for court date and are awaiting trial the Ministry of Transport and your insurance company are not made aware of the offence.

A conviction for a turning violation stays on a driving record for three years from the date of the offence.

The Police and Prosecutor have to prove the case beyond a reasonable doubt to the Justice of the Peace before a conviction can be entered and so the Justice of the Peace must be one hundred percent certain the motorist committed the offence.

The police are required to prove all the essential elements of the charge described in the Ontario Highway Traffic Act. If the prosecution is not able to prove the charge beyond a reasonable doubt the Justice of the Peace should dismiss the charge.

At trial the police officer will have a government appointed prosecutor to assist them as counsel. It is equally important that the defendant to be likewise well represented or they risk being convicted and receiving the four penalties described above.

The prosecutor is a trained professional who represents the interests of the municipality, their job it is to get a conviction against the motorist. Most Prosecutors are extremely fair individuals however they are not there to help you. They are the agent for the police and the city looking to register a conviction against the motorist.

A prosecutor will want to have a trial for most turning violations. If you do not know how to run a trial, make legal arguments, or have appeared in traffic court before you need the professional qualified assistance of Ontario Traffic Tickets.

Turning violations are some of the most misunderstood Highway Traffic Act offences.

WHY?
Most police officers are not equipped with an actual Ontario Highway Traffic Act. They are actually issued a much smaller “wording booklet” which gives the officers only a brief “overview” of the offence, the section number, and the fine.

It becomes the issuing officer's responsitibility to determine which wording “sounds the best” or “seems to fit” the best. Sometimes there can be many different sections and subsections that refer to offences that sound very similar, but may have vastly different intentions.

IMPROPER TURNS

A common example of this is making an Improper Turn on a multi lane highway. It sounds straightforward. On the surface, it appears that somebody is alleged to have made an improper turn - usually wrong lane to wrong lane, on a highway that has multiple lanes of traffic.

The average person would look at the ticket, think they are guilty and may pay the fine hoping to never receive another. It is an unfortunate situation for three reasons.

• The driver has just accepted the four penalties for a traffic ticket.
• The conviction will stay on your record for three years: anything within that time period can have devasting implications on insurance rates.
• The driver may not be guilty of the offence or they had a defence to the charge. This is typical of the kind of cases we have withdrawn or win at trial every week.

Why is this difficult to interpret?
The definition of “multi lane highway” is not just a highway with multiple lanes as described in the definition section of the Highway Traffic Act.

The charge refers to any highway that has more than one lane that is designated for turning. In other words, it is intended for a highway that has two or more dedicated left or right turn lanes and somebody makes a turn from another lane.

Quite often, a police officer sees someone do something wrong, then looks to their Police wording booklet to try to see what “fits the best”. What “sounds the best” may not be the appropriate charge.

Because each section turning charge has its own requirements that must be met at trial you risk being needlessly convicted of an offence by not having qualified representation from Ontario Traffic Tickets.

Having a knowledgeable agent by your side ensures that the prosecution is put to the test to prove all the elements of the charge and that in fact; the correct charge has been in fact commenced.

PROHIBITED TURNS

Just because an “international sign” indicates something, does not mean that the sign is in fact enforceable. There is a clear set of guidelines in the “Ontario Regulations” that designate how signs are to be posted and what they can and cannot say that can only be brought up in court during a trial.

In accident scenarios where the driver made a turn, the insurance companies will utilize the industry “fault determination chart”. They will assess a “turning driver” 100 % at fault. A successful defense may result in a full or partial reversal of fault. That could save a motorist thousand of dollars on their insurance premiums.

You owe it to yourself to have the absolute best opportunity to win your case. The city Prosecutor is a trained professional who represents the best interests of the city, not you.

Have a trained, knowledgeable person by your side. Call Ontario Traffic Tickets.