Failure To Obey Traffic Control Device Ticket in Manitoba

What is failing to obey a traffic control device?

Under the Manitoba Highway Traffic Act, obeying traffic control devices is a legal requirement. Specifically, Section 108(1) states that when a traffic authority uses lines, signs, or signals to regulate the use of a roadway, drivers must comply.

Compliance with traffic control devices (108.1): Where a traffic authority has marked or placed on a roadway a clearly indicated directional dividing line, which may be either a broken line or a solid line, and has indicated, by traffic control devices, the part of the roadway on each side of the directional dividing line that may be used by traffic proceeding in each direction, the driver of a vehicle on the roadway shall act as indicated by the traffic control devices.

Examples of failing to obey a traffic control device

If there is a sign telling you not to turn left, a solid line indicating you must not pass, or a light instructing you to stop, you are legally required to comply. Failing to do so constitutes a failure to obey a traffic control device.

What is the fine for failure to obey a traffic control device?

Under the Highway Traffic Act, any person found guilty of failing to obey a traffic control device is liable to a monetary penalty, including a fine of up to $2,000 and demerit points, in addition to any applicable court costs, surcharges, or other conditions that the court may impose.

How many demerit points is running a red light in Manitoba?

In Manitoba, convictions are tracked using the Driver Safety Rating scale. A conviction for failing to obey a traffic control device results in 2 demerit points being added to your driving record, moving you down two levels on the scale.

Common violations that lead to these points include:

• Fail to obey a traffic control device indicating which part of the road to drive on.
• Fail to obey a peace officer directing traffic or a temporary traffic control device (like construction signs).
• Disobeying overhead lane markers.
• Disobeying a traffic control signal (Running a red light).

These points move you down the DSR scale, which can result in significantly higher insurance premiums and MPI driver’s licence surcharges. Depending on other factors (such as speeding or driving impaired), you may face additional demerits and fines.

How to fight a failure to obey a traffic control device ticket in Manitoba

Many drivers assume a traffic control device violation is an open-and-shut case. But these tickets can be challenged. Was the sign obscured by trees, the road markings too faded to see, or the traffic light malfunctioning? In Manitoba, the prosecution must prove the device was clearly indicated. If not, you may have a strong case for dismissal. 

Here are the four key steps to fight a traffic control device violation ticket.

Step 1: Act within the response period


In Manitoba, you have until the response date printed on your ticket (often 14–30 days) to take action. Ignoring this can result in a default conviction and an additional $100 penalty.

Step 2: File an intent to dispute

Do not pay the fine if you intend to fight it, as paying is a formal admission of guilt. You can pay online by visiting manitoba.ca/finepayment, in person at any Provincial Court office (for example, 373 Broadway in Winnipeg), or by phone by calling the Provincial Offences Court at 204-945-3156 or 1-800-282-8069.

Step 3: Request disclosure


Once a court date is set, you (or your lawyer) must request the evidence against you, as this is your constitutional right. Look for any obstructions, such as a sign hidden by summer foliage or winter snow, or for limited visibility.

For example, if the officer’s view of you was obstructed by other vehicles, and whether there were any issues with device status, such as a traffic light that was malfunctioning or burnt out.

Step 4: Identify your defence strategy

Common successful defences in Manitoba include the obscured sign defence, which may apply if a sign was faded, twisted, or obscured by trees so that you cannot be held liable for failing to obey it. 

The necessity defence, where you disobeyed the device to avoid an immediate accident, such as swerving to avoid a pedestrian. 

Lastly, there are defences based on fatal errors on the ticket, such as incorrect dates, wrong licence plate numbers, or missing officer signatures.

Why should you speak to a traffic lawyer or court agent for a traffic control device violation?

Many drivers feel they can explain their way out of a ticket, but the legal system prioritizes evidence over anecdotes. Here is how a JUSTICEJOLT traffic lawyer or court agent can benefit you:

• Evidence discovery: Lawyers have the right to request disclosure of the officer’s full notes, witness statements, and any video footage. They know how to spot the tiny inconsistencies that cause tickets to be dropped.
• Technical expertise: A lawyer can argue that a sign was not legally erected or maintained according to the strict standards of the Manitoba Highway Traffic Act. If the sign’s placement was off by a few inches, the charge may be invalid.
• Plea negotiations: Lawyers often negotiate with the Crown to reduce a moving violation (which carries demerits) to a non-moving violation (which only carries a fine).
• No court appearance: In most cases, your lawyer can attend court on your behalf, saving you from taking a day off work or facing the stress of a hearing.

Fight a violation of traffic control device ticket with JUSTICEJOLT

You don’t have to face the provincial court alone. At JUSTICEJOLT, we specialize in helping Manitoba drivers fight failure to obey traffic control device tickets. Our team understands the nuances of the DSR scale, the specific requirements of the Highway Traffic Act, and what local courts expect.

When you work with us, you get legal expertise in Manitoba traffic law and end-to-end case management. We handle everything from filing the dispute to final resolution, helping you avoid missed deadlines and costly mistakes.

We also save you time and stress by appearing in court on your behalf and speaking with prosecutors. Because we focus on traffic offences, we’re often able to secure reduced penalties and minimize the impact on your driving record, demerit points, and insurance.

Our goal is to get your charges withdrawn or reduced while we handle the paperwork, negotiations, and court appearances, so you can stay focused on the road ahead.