There's a lot of discussion here about reducing it to a by-law infraction. That generally does not happen, the bylaw fine is significantly lower, no show on driver's record and there are no insurance consequences. The crown is aware of this, and it's not a great tool to get compliancy. The prosecutor wants HTA convictions, not ByLaw convictions; it's not parking ticket court.
Usually by-law is only offered in rare circumstances if the officer's evidence is not that strong, or the prosecutor is sympathetic to your excuse for disobeying the sign.
Having said that, it doesn't hurt to ask for an amendment to a by-law infraction. You will have to contact city hall and ask them for the specific by-law that backs the sign you disobeyed. You'll have to bring a printed copy to the prosecutor and roll the dice.
I personally have had mixed experience asking for by-law amendment, at Toronto's Old City Hall during my first attendance there was a prosecutor willing to amend it but he told me I had to bring in an online printed copy of the By-Law to the trial prosecutor; we sent it to trial where the new prosecutor & officer said No... it ended up getting stayed for 11b.
I asked a Newmarket prosecutor to amend a +26km/h speeding to a by-law infraction for the sign. The prosecutor told me it's not fair for the other people who're plea-bargaining to +10km/h; we went to trial and won.
Keep in mind that prohibited by-law turns still carry 2 demerit points : http://www.ontario.ca/laws/regulation/940339
The city sometimes does not report this to the MTO, so many people don't get demerit points on their license. The by-law infraction won't count against your driving record.
edit: It appears in Hamilton they do offer by-laws, regardless just don't put all your eggs into that one basket. Be prepared to have your bylaw offer rejected.
Usually by-law is only offered in rare circumstances if the officer's evidence is not that strong, or the prosecutor is sympathetic to your excuse for disobeying the sign.
Having said that, it doesn't hurt to ask for an amendment to a by-law infraction. You will have to contact city hall and ask them for the specific by-law that backs the sign you disobeyed. You'll have to bring a printed copy to the prosecutor and roll the dice.
I personally have had mixed experience asking for by-law amendment, at Toronto's Old City Hall during my first attendance there was a prosecutor willing to amend it but he told me I had to bring in an online printed copy of the By-Law to the trial prosecutor; we sent it to trial where the new prosecutor & officer said No... it ended up getting stayed for 11b.
I asked a Newmarket prosecutor to amend a +26km/h speeding to a by-law infraction for the sign. The prosecutor told me it's not fair for the other people who're plea-bargaining to +10km/h; we went to trial and won.
Keep in mind that prohibited by-law turns still carry 2 demerit points : http://www.ontario.ca/laws/regulation/940339
The city sometimes does not report this to the MTO, so many people don't get demerit points on their license. The by-law infraction won't count against your driving record.
edit: It appears in Hamilton they do offer by-laws, regardless just don't put all your eggs into that one basket. Be prepared to have your bylaw offer rejected.
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