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.
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…