TRAFIC TICKET: Interfere with trafic

CHAND · Joined: 02 Mar 2008 Posts: 6 Location: TORONTO, ONTARIO

I was driving on left lane and I needed to take right turn. so, I crossed the speed limit to overtake a civil car which was driven by a police man on my right hand lane. He followed me and gave me a ticket. It seemed like he was not on duty and the ticket says "interfere with trafic". Can someone help me by answering the following question, i would really appreciate it.

1)Can a police man issue a ticket, who is not on duty?
2)What kind of trafic violation ticket it is?
3)I was driving in Mississauga close to Brampton but not in Brampton. However the ticket shows that I was driving in Brampton.
4)Please give me your best advice?

Thanks

OHTA · Site Admin Joined: 04 Feb 2008 Posts: 41

Hmm how do you know he wasn't on duty? Why do you say that?

Also, what section of the OHTA does the ticket say you violated?

Bookm · Joined: 22 Jan 2008 Posts: 212 Location: Stratford, Ontario

Amendments to a charging document have been allowed when the correct Section No. has been omitted, as long as the offense has been adequately described in words. It's possible, the officer wasn't sure of the correct Section No. so he just wrote a vague description. Personally, I think it's TOO vague.

I would (before any testimony is taken) motion for dismissal based on inadequate description of the alleged offense. If this fails, I would motion for a continuance in order that I may prepare a proper defense based on a specified statute.

CHAND · Joined: 02 Mar 2008 Posts: 6 Location: TORONTO, ONTARIO

OHTA · Site Admin Joined: 04 Feb 2008 Posts: 41

Here is the clause:

Parking on roadway 170. (12)

Vehicles interfering with traffic

(12) Despite the other provisions of this section, no person shall park or stand a vehicle on a highway in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway. R.S.O. 1990, c. H.8, s. 170 (12).

This basically states that you can't park your vehicle on the road so that it interferes with traffic.

If you were simply overtaking him, then this doesn't describe that action. This ticket doesn't seem right. It actually makes no sense, but moreover seems like a deliberate action to waste your time, by the officer.

He didn't cite you correctly, because if you were already driving, and he pulled you over, this law would not apply. Unless you parked in the middle of the highway for no reason at all, then it makes no sense for him to even cite that violation.

The violation doesn't fit the crime. It makes no sense, since you were already driving.

yngblk · Joined: 23 Mar 2008 Posts: 1

I got a ticket for "interfere with traffic" last night. I was on Queen St looking for a parking spot and a girl had disabled her car alarm signaling she was leaving. I pulled close and turned on my right signal.

Seems the girl had some items to throw in her trunk and when she popped it, an unmarked cruiser pulled up behind me and started honking his horn (not the distinctive emergency horn but the regular car horn) - for all I knew it was an impatient cabbie. My indicator was still on and honestly other cars had gone around but the guy decided to make an example of me.

He jumped out of his car and slammed on my trunk stating I'd better move or he'd write me a ticket - to which I replied that I was waiting for the spot - which by now the girl was signaling to pull out of . He said "well pull in and you'll get a ticket". Funny thing is he's sitting in the same spot - interfering with traffic as he's writing the ticket. Probably took him twice as long to write it than the time I was waiting for the spot.

How is that even fair?

Bookm · Joined: 22 Jan 2008 Posts: 212 Location: Stratford, Ontario

yngblk..

This is called "highjacking" a thread, which is bad. You need to create a new thread with a new Subject. Typically, others won't Reply to a highjacked thread.