First time ticket...worth the fight?

5 replies [Last post]
KyleJ
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Joined: 2012/03/29

I recently received my first ticket ever. I'm not sure how the RCMP officer saw me complete the maneuver since he was probably 1/2 a block away and it was dark out. But I digress.
The cliff notes:
Pulled up to an intersection, not to the signal stop line. Backed up because there were no cars behind be. Turned into the right lane that had an island/yield turn. Like one where you dont need to stop at the intersection for, you just turn and yeild if there is a car.
Officer ticketed me for turning right into wrong lane.
Now for the questions as I've never had a driving infraction ever.
1. Do I bother going to court for a 2 point ticket?
It's not cheap, but going to court will force me to miss work so I lose money either way. Either pay it now or pay it later. 2 points doesn't cause an insurance raise as far as I know.
2. Do I have any chance fighting this ticket ?
Technically I didn't turn into the wrong lane, I backed up at an intersection and turned into the proper turning lane. As far as I could find, there isn't anything covering this issue as long as you do so in a safe manner.
3.I've read the FAQ's which was helpful but I still had some questions regarding them
I noticed the officer just handed me the ticket, it was already seperated, not a complete copy. I wasn't given the opportunity nor told to sign. Even if I did sign, I would only be signing my copy as that's all he had.
I also noticed he didn't correctly label the infraction subsection. I think it's 151(d) or (e). He put the one for left turn. Probably not going to help/hurt me but I figured I'd share anyway.
Sorry for the long post
P.S
This website is filled with great information, it's nice to get a professional response. A lot better than some guys saying what they "think" is right

KyleJ
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Joined: 2012/03/29
.

Sounds like there is a little meat on the bone to dispute this in court.
I also just noticed that the ticket doesn't have me marked as the driver but as a pedestrian???

DriveSmartBC
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Joined: 2008/03/21
Significant Error

If your ticket has the pedestrian box checked instead of the driver box, that would certainly be a significant reason to dispute. The boxes are one above the other, so failing to keep the copies properly registered while writing could produce your copy with the pedestrian box marked and the original copy with the driver box marked. You could find out if this is the case by asking for a copy of the original.

You can probably do that through the Violation Ticket Center.

DriveSmartBC
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Joined: 2008/03/21
Your Intentions

Driving on laned roadway

151 A driver who is driving a vehicle on a laned roadway

(d) when approaching an intersection intending to turn left must drive the vehicle in the centre lane or in the lane nearest the centre of the roadway on the right hand half of the highway,

(e) when approaching an intersection intending to turn right must drive the vehicle in the lane nearest to the right hand side of the roadway,

The wording on the ticket should be something to the effect of "Right turn from wrong lane."

First off, unless it was prohibited, there is no reason that you could not have made your right turn from the first position you took on the highway. The turn lane permits you to avoid the traffic lights.

You didn't turn right from the wrong lane either. That is something like turning from a through lane rather than using the turn lane provided. Given the description that you gave, if I were concerned I might have chosen "reverse when unsafe" or perhaps "cross single solid line" depending on the situation.

The key word here in either paragraph is "intending." If you know that you are going to turn right or left you must approach as required. If you could convince the court that you intended to go through, changed your mind, backed safely and used the right turn lane you would probably not be found in contravention of the section.

Should you bother? Well, only you can really answer that question. I've seen people fight tickets having no defence at all. Sometimes they win too!

Do you have a chance? If the information above makes sense to you, you might have.

Signing for a copy is not important as long as you were served a copy of the original that is in front of the justice in traffic court. I've never seen an accused ask to compare the original with their copy, but you never know what you might find if you do.

I'm pleased to hear that you find the site useful.

 

KyleJ
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Joined: 2012/03/29
.

I did infact indend to go straight through. However I quickly realized that I wasn't sure if I was going in the right direction so I decided to back up and turn right and turn around where it was safe The intersection has a very short right turn lane. Even on google maps you can see how tiny it is (grant mcconachie way and tempelton). It's the last intersection before the bridge, if you miss it you have to go all the way to Vancouver,turn around and come back. In hindsight it wasn't worth the ticket for a 15 minute detour.
It's pretty easy to get lost on grant mcconachie, it's poorly lit and people like to drive quickly.
I guess my main question is, if I turned right and crossed a solid white line to make that turn into a right turn lane, legally made the turn, does that constitute a " right turn from wrong lane", regardless of any infractions that may have occurred in the process?

DriveSmartBC
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Joined: 2008/03/21
Crossing the Line

No, crossing the solid white line is an entirely separate offence from right turn from wrong lane.

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