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 have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
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So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…