Turning Violations Definition

Turning violation 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 for a court date and your insurance company may not be made aware 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 be likewise well represented or they risk being convicted and receiving the four to five penalties described above.

The prosecutor is a trained professional who represents the interests of the municipality, their job 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 legal representative for the police and the city looking to register a conviction against the motorist.

Turning violations are some of the most misunderstood Highway Traffic Act offences, especially involving motor vehicle accident cases. 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 responsibility to determine which wording "sounds the best" or "seems to fit" the best, not what is the proper charge. Sometimes there can be many different sections and subsections of the Highway Traffic Act that refer to offences that sound very similar, or right, but may have vastly different intentions.

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.

If the officer lays the wrong charge the case can be dismissed.

Why Risk Losing? Call For a Free Consultation 1-888-668-8946 or Email Your Request