I was recently cut off from the left hand lane which of course led me to shall we say interact with the vehicle that cut me off. Basically I was behind this guy, then a right hand lane began to develope, broken white line, I had given 62ft of notice prior to the lane inception that I had intended to occupy the right hand lane(I am very aware of when the lane begins to form,) I entered the hash marks when they began, and as I had intended to make a right turn I kept my blinker on. I was occupying the lane for approx 110ft, my car fit between the lines and the curb, a truck pulled from the left hand lane right in front of me cutting me off, I swerved and clipped my front right passenger side on his left drivers side bumper. My vehicle came to a rest in the left lane because that was the direction I swerved to. The police officer charged me with careless driving, said he would agree to let me settle the charge to following too close upon trial. However it is my belief that with broken white road lines, this suggests occupiable space, which I legally entered, and it is my belief that in the act of turning right from the left lane the moron to my left made not only an unsafe lane change but a illegal right turn because he impeded the flow of traffic. Does anyone have any tips for me when I go to court, I had a witness who didn't see the accident but noted the moron didn't turn his signal on until after the impact but she did not see the accident, she told the cop but he disregarded her because she did not see the impact.
I was recently cut off from the left hand lane which of course led me to shall we say interact with the vehicle that cut me off.
Basically I was behind this guy, then a right hand lane began to develope, broken white line, I had given 62ft of notice prior to the lane inception that I had intended to occupy the right hand lane(I am very aware of when the lane begins to form,) I entered the hash marks when they began, and as I had intended to make a right turn I kept my blinker on.
I was occupying the lane for approx 110ft, my car fit between the lines and the curb, a truck pulled from the left hand lane right in front of me cutting me off, I swerved and clipped my front right passenger side on his left drivers side bumper. My vehicle came to a rest in the left lane because that was the direction I swerved to.
The police officer charged me with careless driving, said he would agree to let me settle the charge to following too close upon trial.
However it is my belief that with broken white road lines, this suggests occupiable space, which I legally entered, and it is my belief that in the act of turning right from the left lane the moron to my left made not only an unsafe lane change but a illegal right turn because he impeded the flow of traffic.
Does anyone have any tips for me when I go to court, I had a witness who didn't see the accident but noted the moron didn't turn his signal on until after the impact but she did not see the accident, she told the cop but he disregarded her because she did not see the impact.
swerve to avoid him, nearly did as well. I hit him on the rear left bumper and seeing as how he was making a right hand turn that makes sense because it would have been the part of his vehicle furthest in the road.
swerve to avoid him, nearly did as well. I hit him on the rear left bumper and seeing as how he was making a right hand turn that makes sense because it would have been the part of his vehicle furthest in the road.
Just out of curiosity, what road did this happen on? I think you could win this case. I can't say for sure without getting a really good picture, but it does seem like the other driver should've been charged with careless driving or at least an unsafe/improper turn. Anyway... some generic advice... if you haven't already, re-visit the scene of the crash with a notepad and a camera. Take notes and photographs for your own reference. (Photos might not be admissible in court, but showing them to the Prosecutor might convince him to withdraw the charge.) Do you know if the officer was a collision reconstruction expert? (I'm going to guess he wasn't.) When taking notes, think detail - what was the weather, visibility, other drivers, etc, all of the seemingly "extraneous stuff." Put together your case carefully. Before I say anything else, have you thought about getting a paralegal to help?
Just out of curiosity, what road did this happen on? I think you could win this case. I can't say for sure without getting a really good picture, but it does seem like the other driver should've been charged with careless driving or at least an unsafe/improper turn.
Anyway... some generic advice... if you haven't already, re-visit the scene of the crash with a notepad and a camera. Take notes and photographs for your own reference. (Photos might not be admissible in court, but showing them to the Prosecutor might convince him to withdraw the charge.) Do you know if the officer was a collision reconstruction expert? (I'm going to guess he wasn't.) When taking notes, think detail - what was the weather, visibility, other drivers, etc, all of the seemingly "extraneous stuff." Put together your case carefully.
Before I say anything else, have you thought about getting a paralegal to help?
I took pictures at the scene, and I have since collected google satellite images and returned to take measurements the next day. I was in the cruiser when the officer eyeballed the distances from the corners and whether or not he considered what I was into be a lane. I can tell you where the accident was: Traveling North on Upper Gage Ave in Hamilton Ontario, at Stone Church Rd East, there is an appearing right hand lane, once I was past Anna Capri I turned on my right signal, which was 62 ft of notice before the lane began. As the lane emerges I entered it, after all it is a broken white line, I turned off my signal and then re-engaged it because I was making a right on Stone Church Rd East, at 110 ft into the right lane the truck cut across my path from the center lane, not the turning lane in the center and not from the right lane I was in but the center lane. If you want to see the google satellite map google 1413 Upper Gage Avenue Hamilton Ontario Canada, the impact was at the end of his driveway. I can't afford a paralegal, I'm on my own with this.
I took pictures at the scene, and I have since collected google satellite images and returned to take measurements the next day.
I was in the cruiser when the officer eyeballed the distances from the corners and whether or not he considered what I was into be a lane. I can tell you where the accident was:
Traveling North on Upper Gage Ave in Hamilton Ontario, at Stone Church Rd East, there is an appearing right hand lane, once I was past Anna Capri I turned on my right signal, which was 62 ft of notice before the lane began.
As the lane emerges I entered it, after all it is a broken white line, I turned off my signal and then re-engaged it because I was making a right on Stone Church Rd East, at 110 ft into the right lane the truck cut across my path from the center lane, not the turning lane in the center and not from the right lane I was in but the center lane.
If you want to see the google satellite map google 1413 Upper Gage Avenue Hamilton Ontario Canada, the impact was at the end of his driveway.
I can't afford a paralegal, I'm on my own with this.
Seems to me the officer suspects you accelerated to jump out and pass the jerk who just cut in on your lane, but you clipped his left corner. Otherwise, I don't see his point. If you can refute his claim, by all means, go to trial. But be very certain of your theory as Careless caries a pretty stiff penalty and is quickly recognized by insurance companies. You just have to raise reasonable doubt. Were your actions reasonable when considering all the evidence. Personally, I think when faced with someone making an illegal lane change right in front of you, nothing you do should be considered careless.
Seems to me the officer suspects you accelerated to jump out and pass the jerk who just cut in on your lane, but you clipped his left corner. Otherwise, I don't see his point. If you can refute his claim, by all means, go to trial. But be very certain of your theory as Careless caries a pretty stiff penalty and is quickly recognized by insurance companies.
You just have to raise reasonable doubt. Were your actions reasonable when considering all the evidence. Personally, I think when faced with someone making an illegal lane change right in front of you, nothing you do should be considered careless.
Can suspect me of jumping out from behind this guy all day if he wants, doesn't make it true, plus I have a photo of the scene where you can see the guy's tread pattern on the road and where he came from, there was a very slight rain earlier that day. Plus Highway Traffic Act 150(I think) says you can pass where safe on the right side of another vehicle, it should have been safe as there is clearly a designated lane on the right, plus you can only make a right turn from the left lane where it doesn't impede traffic flow and I certainly feel impeded. I stipulate that had the truck come to a complete dead stop in the lane it was in without warning, I would not have hit it, because we did not occupy the same lane, it was only do to his turning in front of me that I crashed my vehicle into his left rear bumper.
Can suspect me of jumping out from behind this guy all day if he wants, doesn't make it true, plus I have a photo of the scene where you can see the guy's tread pattern on the road and where he came from, there was a very slight rain earlier that day. Plus Highway Traffic Act 150(I think) says you can pass where safe on the right side of another vehicle, it should have been safe as there is clearly a designated lane on the right, plus you can only make a right turn from the left lane where it doesn't impede traffic flow and I certainly feel impeded.
I stipulate that had the truck come to a complete dead stop in the lane it was in without warning, I would not have hit it, because we did not occupy the same lane, it was only do to his turning in front of me that I crashed my vehicle into his left rear bumper.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
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I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
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My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…