That should keep the option open to stay the charge later, depending on when they re-schedule it.



Hard to do... I guess hammer on him:

- Where did you observe the vehicle enter the centre lane?
- Take a look at this video of the roadway, is this where the offence was observed? Where were you when you observed it?
- Were you moving or stationary? Oh, you were coming over the hill...
- Are you sure you didn't just see the vehicle exiting the lane and made an assumption?
- Did you measure the distance? How did you come to assume it was 200-300 metres?
- Did the defendant signal?
- What other vehicles were on the road?

Etc. Obviously there's a lot more to ask...

_________________
* The above is NOT legal advice. It is an opinion only. By acting on anything I have said, you assume full responsibility for any outcome and its consequences. *
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Well, I pleaded to a by-law yesterday for the City of Hamilton. No decision could be reached prior to trial whether or not I was even charged under the right Section. One prosecutor was adamant that I was, and another said no, I wasn't. So, rather than risk it, my paralegal said a plea down to a by-law would be acceptable to us, and they accepted. The prosecutor who said I wasn't charged under the correct section took our case to another courtroom and dealt with it there.

Sadly, there was no consensus as to whether or not S 154.1(b) applies. I think it could've been a precedent setting ruling on the application of S.154.1(b) because it actually caused a bit of a crowd of prosecutors to come around, along with some other paralegals, and gather around the prosecutor's desk to discuss the situation. The problem is that S154.1(b) deals with a highway divided into 3 lanes. A 5 lane highway is NOT a 3 lane highway, so that's the technicality. If someone gets charged under my circumstances, it's well worth it to fight it because it really isn't applicable in the circumstances.

By-law infraction is much better than an HTA charge. So looks like a good outcome in the end.

The disagreement among the Prosecutors... this could be useful in the future...

_________________
* The above is NOT legal advice. It is an opinion only. By acting on anything I have said, you assume full responsibility for any outcome and its consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca OR http://www.OntarioTrafficAct.com