This could involve an intersection controlled by traffic lights, a stop sign or when leaving a driveway.
Each has its separate points that must be proven. The set fine for any failing to yield to traffic ticket is $85.
The best way to see where you stand is to discuss the matter with your legal representative.
Why fight the charge?
It doesn’t take much for demerit points to mount up and before very long; your licence is under suspension. Protect your licence and your insurance premiums. Speak to a licensed paralegal at POINTTS before deciding on a course of action you may regret later.
Why POINTTS?
POINTTS’ team of Licensed Paralegals comprised of former police officers and college graduates have been trained to the highest standards and continue to have their skills and knowledge upgraded by their in-house trainer who’s responsible for ensuring all POINTTS paralegals comply with the Law Society of Upper Canada’s continuing professional development requirement.
Why a Licensed Paralegal?
Every charge must be proven beyond a reasonable doubt by the prosecution. POINTTS Licensed Paralegals have the knowledge, skill and experience to know if that burden has been met. A person trying to represent themselves is not likely to know what has to be proven, let alone whether proven beyond a reasonable doubt. We will look at the disclosure, research the relevant case law to be used in your favor and be able to recognize technicalities that would be fatal to the prosecution’s case against you. POINTTS paralegals know how to cross-examine witnesses. When questioning police officers, we know what the answers to technical questions should be so we know if the answer given is the right one, whereas most self-represented defendants would not.
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.
This charge carries a set fine of $85
Several appeal court decisions over the years have ruled that it is the immediacy that is at the crux of this situation.
It was found that where the accused is sitting in a driveway and waits for the curb lane vehicles to stop and let him out followed by the vehicles in the left lane also stopping and then the accused creeps out across the front of them to try and turn left and is then struck by a vehicle that pulls out from the line of stopped cars to try and get a jump on the left turn lane up ahead, well, there was no “immediacy” to the situation as stated in the section.
It would of course be different if the car leaving the driveway barely has its bumper out over the roadway when struck by the vehicle coming along in the curb lane.
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