Got ticketed for unsafe lane change! I was trying to make a lane change to my right. I signalled, did shoulder check, mirror check, when this car came behind me very fast out of nowhere. I saw it and I hit the brakes. I may have crossed the lane (I don't remember!) but I definitely didn't hit the other car. It swerved onto the sidewalk, overtook my car, skidded for about ten meters, spun and hit a sign post with the left side passenger door. I didn't hit the other car and I could've driven on, but I did the responsible thing. and pulled over to see if the driver and his passenger were all right. I stayed behind to wait for the cops. Here's where things get interesting. A patrol cop came by and told us that he wasn't here to handle the case but he thought we were in an unsafe position and he told me to take my car to a parking lot. He also told the tow truck to tow the crashed car to the parking lot. We saw no reason to question him, so I took my car to a nearby parking lot. Nobody knows who he is, nobody knows his badge number. Nobody can find him now, but he's someone who's seen the aftermath of the accident. And he didn't take notes. The dispatched officer was on site when I returned from the parking lot and he said because we moved the cars, there's nothing for him to look at. But he had to charge someone when there's a collision, so he ticketed me for HFA 142 (1), which is Change Lane - Not In Safety. The only witness is the passenger of the other car, and the officer has said that he's not really a credible witness as he's with the driver of the other car. The officer did not ask where the accident occurred. He did not examine the skid marks on the floor. He just asked both parties what happened, and then he said he had to charge me. I'm going to fight the ticket. I've consulted two paralegals and they gave me completely different answers. One of them said I don't really have a case as I indirectly caused the accident by cutting the other car off. The other said because the patrol cop moved the cars, he destroyed evidence on the scene, and she even told me to say the other driver might've been behind me since I didn't see him when I did my shoulder check, and unsafely pulling to the lane on my right to try to overtake me at high speed. I don't know what to do. I don't know what my chances are or what arguments I can use to get this right. Also, I was driving someone else's car, so I definitely don't want to jack up his insurance. Can someone help me??? Thanks.
Got ticketed for unsafe lane change!
I was trying to make a lane change to my right. I signalled, did shoulder check, mirror check, when this car came behind me very fast out of nowhere. I saw it and I hit the brakes. I may have crossed the lane (I don't remember!) but I definitely didn't hit the other car. It swerved onto the sidewalk, overtook my car, skidded for about ten meters, spun and hit a sign post with the left side passenger door. I didn't hit the other car and I could've driven on, but I did the responsible thing. and pulled over to see if the driver and his passenger were all right. I stayed behind to wait for the cops.
Here's where things get interesting.
A patrol cop came by and told us that he wasn't here to handle the case but he thought we were in an unsafe position and he told me to take my car to a parking lot. He also told the tow truck to tow the crashed car to the parking lot. We saw no reason to question him, so I took my car to a nearby parking lot. Nobody knows who he is, nobody knows his badge number. Nobody can find him now, but he's someone who's seen the aftermath of the accident. And he didn't take notes.
The dispatched officer was on site when I returned from the parking lot and he said because we moved the cars, there's nothing for him to look at. But he had to charge someone when there's a collision, so he ticketed me for HFA 142 (1), which is Change Lane - Not In Safety. The only witness is the passenger of the other car, and the officer has said that he's not really a credible witness as he's with the driver of the other car. The officer did not ask where the accident occurred. He did not examine the skid marks on the floor. He just asked both parties what happened, and then he said he had to charge me.
I'm going to fight the ticket. I've consulted two paralegals and they gave me completely different answers. One of them said I don't really have a case as I indirectly caused the accident by cutting the other car off. The other said because the patrol cop moved the cars, he destroyed evidence on the scene, and she even told me to say the other driver might've been behind me since I didn't see him when I did my shoulder check, and unsafely pulling to the lane on my right to try to overtake me at high speed.
I don't know what to do. I don't know what my chances are or what arguments I can use to get this right. Also, I was driving someone else's car, so I definitely don't want to jack up his insurance. Can someone help me??? Thanks.
Safety is priority #1...If the cars are moveable we get them off the road into a safe location. This prevents further collisions and prevents traffic congestion. There is absolutely no reason to block a lane/intersection etc.. if the vehicles can be moved to a safe location. To what you described, sounds like the correct offence. There are variables that obviously us readers do not know, how many lanes, what speed you were travelling, why did you need to change lanes, if changing lanes for a turn, why were you in the left lane to start with, how far ahead was your turn, why were you not in that lane ahead of time if you knew you were turning etc...
Safety is priority #1...If the cars are moveable we get them off the road into a safe location. This prevents further collisions and prevents traffic congestion. There is absolutely no reason to block a lane/intersection etc.. if the vehicles can be moved to a safe location.
To what you described, sounds like the correct offence.
There are variables that obviously us readers do not know, how many lanes, what speed you were travelling, why did you need to change lanes, if changing lanes for a turn, why were you in the left lane to start with, how far ahead was your turn, why were you not in that lane ahead of time if you knew you were turning etc...
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Thanks for getting back to me. We moved the vehicles as we agreed with the first patrol officer. The other vehicle cannot be driven and needed to be towed. When the investigating officer came, he told us we shouldn't have moved and there's nothing for him to see now that we've been moved. So that's why I'm asking. There were three lanes. I was in the middle lane and I needed to make a right turn but I wasn't familiar with the area, so I wanted to keep right and drive a little slower so I can make the turn when I see it. If I say that in court, does that sound bad that I wasn't familiar with the area? It was a 60km/h road, and I was probably going about 55kh/h. The other car coming from behind me was definitely faster than 60km/h, not that I can prove it.
Thanks for getting back to me.
We moved the vehicles as we agreed with the first patrol officer. The other vehicle cannot be driven and needed to be towed. When the investigating officer came, he told us we shouldn't have moved and there's nothing for him to see now that we've been moved. So that's why I'm asking.
There were three lanes. I was in the middle lane and I needed to make a right turn but I wasn't familiar with the area, so I wanted to keep right and drive a little slower so I can make the turn when I see it. If I say that in court, does that sound bad that I wasn't familiar with the area?
It was a 60km/h road, and I was probably going about 55kh/h. The other car coming from behind me was definitely faster than 60km/h, not that I can prove it.
The fact that you were unfamiliar with the area won't hurt you in court. Unfortunately, it won't help much, either. HOWEVER, things that could help you are what the one paralegal mentioned: - Did the vehicle coming up behind you suddenly change lanes into the lane you wanted to merge into? (Didn't sound like he did from your answer, but it's a possibility.) - Did the vehicle suddenly speed up to stop you from merging? (You saw him, it appeared safe, and then he floored it to stop you from getting in front.) Either one of those possibilities could help you. The fact that he was going fast, in and of itself, doesn't help much; but if he was weaving from lane to lane, or suddenly accelerated, etc., creating an unpredictable situation for you and other motorists, that's different.
The fact that you were unfamiliar with the area won't hurt you in court. Unfortunately, it won't help much, either. HOWEVER, things that could help you are what the one paralegal mentioned:
- Did the vehicle coming up behind you suddenly change lanes into the lane you wanted to merge into? (Didn't sound like he did from your answer, but it's a possibility.)
- Did the vehicle suddenly speed up to stop you from merging? (You saw him, it appeared safe, and then he floored it to stop you from getting in front.)
Either one of those possibilities could help you. The fact that he was going fast, in and of itself, doesn't help much; but if he was weaving from lane to lane, or suddenly accelerated, etc., creating an unpredictable situation for you and other motorists, that's different.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Thank you for the pointers, everyone. Originally I've been charged with HTA 142 (1) Unsafe Lane Change. I've just met with the prosecutor today and they're willing to change to a lesser charge 142 (7) Improper Signal if I plead guilty. I think that's what I'm going to do instead of fighting the charges in court since I have no witness on my side but there's one witness on the other driver's side, and also because I'm a G2 now, I won't get the 30-day suspension if I get charged in the end. I know this doesn't have anything to do with my court case, but how does 142 (7) look on my insurance? I'm being claimed for damage by the other driver. If I plead guilty to the charge, does it mean for the insurance company that I admit I was at fault for the accident and need to pay for the damages?
Thank you for the pointers, everyone.
Originally I've been charged with HTA 142 (1) Unsafe Lane Change. I've just met with the prosecutor today and they're willing to change to a lesser charge 142 (7) Improper Signal if I plead guilty. I think that's what I'm going to do instead of fighting the charges in court since I have no witness on my side but there's one witness on the other driver's side, and also because I'm a G2 now, I won't get the 30-day suspension if I get charged in the end.
I know this doesn't have anything to do with my court case, but how does 142 (7) look on my insurance? I'm being claimed for damage by the other driver. If I plead guilty to the charge, does it mean for the insurance company that I admit I was at fault for the accident and need to pay for the damages?
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.