Another very common traffic ticket is for turn violations. In the Highway Traffic Act, there are a few sections that deal with improper turns. This blog is about section 142 (1), one of the most common turn violation tickets that we see.
142 (1) Signal for left or right turn
The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement.
There are 2 elements to this part of the HTA. 1) a driver must see and make sure the movement can be made safely, and 2) a driver must make sure that the movement of his/her vehicle will not affect another vehicle, or if it will, there will be a signal that is clearly visible to other drivers.
If these two aspects are not followed, it can result in a ticket. The most common tickets are:
- Turn – not in safety
- Change lane – not in safety
- Fail to signal for turn
- Fail to signal for lane change
- Leave roadway – not in safety
If you receive a ticket for one of these charges, and choose to pay right away, it is a set fine of $85.00 + victim surcharge and 2 demerit points. Sometimes an officer will issue a summons. In this case, the driver must appear in court and the fine will be determined there.
If you choose to go to trial for this ticket, or are summoned to court, the fine can reach a maximum of $1000.00
These charges are all considered strict liability offences. This means that even if the court proves that the driver did turn unsafely, the driver can still argue due diligence. This means that the driver did everything a reasonable person would have done under the same circumstances, to avoid committing the offence.
Every situation is different. Remember you have the right to fight your ticket. At Bulwark Legal Services we provide free consultations. You can go to our website and send us a copy of your ticket. We will help you decide the right course of action to take.
