The defendant was charged with "turn not in safety" contrary to subsection 142(1) of the Highway Traffic Act following a motor vehicle collision at the intersection of Thornton Road North and Adelaide Avenue West in Oshawa.
The defendant, driving southbound, turned left onto Adelaide Avenue and collided with a northbound vehicle proceeding straight through the intersection.
The defendant claimed his traffic light was red; however, two independent witnesses testified the northbound light was green.
The court found the traffic lights were functioning properly and sequencing in harmony, meaning both northbound and southbound lights were green simultaneously.
The defendant failed to establish a due diligence defence and was convicted.
