Hope someone can offer some insight on this one.

Recently got a ticket for Passing Off Roadway as per HTA Sec. 150 (2). Here's how it happened:

I was coming off HWY 400 onto HWY 401 East bound. The traffic on the on ramp was crawling along. When we got close to the end of the on ramp where the solid white line ends, I switched lanes to the left onto the 401 lane. There were no cars coming for about 100 yards behind me.

The first vehicle coming was an unmarked cruiser. He hit the lights and I honestly didn't know why he was pulling me over since I didn't cross over that far back from the end of the on ramp that I doubt my whole vehicle actually crossed the solid line. He certainly was too far back to judge it properly.

My questions are these-

Has anyone fought this type of offence and what was the defence ?

Also, in terms of interpretation of the act, I was charged with violating section 150 (2) which states: "No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway." I didn't pass anybody, I simply changed lanes. We were all starting to accelerate so I didn't pass any vehicles. Also, does the space between the onramp and highway lane within the solid lines constitute "off the roadway" ?

I'm thinking he charged me with the wrong offence.

Anyone have any thoughts ? Trying to save a 15 year spotless record.

Thanks !

-R

Well, 1-st off, you believe that you have committed no offense, so what you need to do is to challenge the ticket. You need to send in your ticket (or read instructions at the back of your ticket) to court with Option 3 ("I intend to challenge the offense...") checked off. You will eventually get a reply from the courthouse with the trial date set, most likely it will be a few months before you have to go to court. In Toronto the wait time is about 8 months. Then, when you have the trial date, you would need to request disclosure. Disclosure is what the officer wrote about what had happened. See that and that might clear up a few things.

Also, make your own notes about what had happened. Bring them to court if you fight it yourself, or give them to a paralegal if you prefer to let someone else deal with it.

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

www.OHTA.ca & www.OntarioHighwayTrafficAct.com

I see that this an old thread.
But guys like you deserve every ticket you get.

Just my opinion.

Cheers
Viper1

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"hang onto your chair when reading my posts
use at your own risk"

damn. I didn't check the the full date. I saw it was 16-th day, when mine was 17-th... I thought I missed it earlier in the day and just clicked on it.

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

www.OHTA.ca & www.OntarioHighwayTrafficAct.com

You have the right to remain vigilant......anything you see may be held up in the court of OHTA.CA

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com