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Failure to stop within marked lane
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PostPosted: Sun Nov 01, 2009 10:06 am 
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Hello,

First post..... My fiancee this week was in an accident and she was handed a 3 demerit point 154 (1) (a) charge for 115 dollars or something and 3 demerit points.

Demerit points do not matter to insurance companies, convictions do ... is there a chance that she could go to court and the officer would not show up? if she goes and pleads guilty the insurance would go up and she could get the demerit points knocked off.

Any suggestions would help.

Thank You


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PostPosted: Sun Nov 01, 2009 11:45 pm 
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Location: Guelph, Ontario
Hello, and welcome to the forum!

Yes, it is possible to beat the ticket due to a cop no-show. You may also want to go some distance and request the disclosure (after you request a trial). Then you will be able to better bargain with the prosecutor.

Quote:
Demerit points do not matter to insurance companies, convictions do ...


This is rather simplistic. A single "Careless Driving" conviction is much worse than 2 "speeding 25 overs" just for example. Reducing the number of points means that the insurance rate will go up $200 per year, as opposed to say $500 per year (or $1500 per year in case of a Careless Driving)

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

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PostPosted: Mon Nov 02, 2009 7:51 am 
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she was hit by a transport truck....

one of the witness say the truck had a tire blow and hit her
while two others that were behind the truck said that she went into his lane

If the cop was anything like the one I witnessed he would of picked only the two that had the same story and let the other go... so even if I get full disclosure then it might not even have the guy that said the truck blew a tire.

So because two people that might not even seen the accident said she went into his lane she got the ticket.

Any ideas .... getting full disclosure and a court date would take how long if you would know in the Cambridge courthouse.


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PostPosted: Mon Nov 02, 2009 9:02 pm 
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Location: In YOUR rearview mirror!
can you confirm the offence....the one you listed as the "topic" does not exist

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Wed Nov 04, 2009 8:17 am 
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"Failure to drive in a marked lane"

is the exact words and 154 1 (a) is written on it


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PostPosted: Sun Nov 08, 2009 1:21 am 
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The only ones with points are 154 - "Improper driving where highway divided into lanes"
AND
154.1 (3) - "Improper use of HOV lane"

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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