This was on a city of Ottawa collector road with 2 lanes in each direction with a yellow line. This road was not a divided highway, it was one roadway.
Do I have a strong case to plead not guilty in trial because the road was undivided?
Can the offences officer change the charge to unsafe passing if I plead not guilty to the above charge.
I couldn't believe the injustice because of one person's interpretation being technically incorrect. Unfortunately it was the one person who's judgement mattered. Will not bother to fight another ticket again. Courts seem to be tilted in favour of prosecutors.
I'm not sure what effect this charge will have on my insurance and whether the effort and cost of an appeal is worthwhile. Though with professional help, I think an appeal could be successful.
If you accept the JP's interpretation that the yellow line is sufficient to delineated a divided highway, then according to this regulation, it would be illegal to pass over any yellow line. However, we know from case law that the yellow line is a guide only based on sight distance. Only unsafe passing is illegal. I have 23 years of transportation engineering experience with a provincial road authority and the JP and prosecutor discounted my expertise in this area.
Unless you somehow got your north and south mixed up. Cumberland goes from being a one-way northbound at George Street to being a two-way highway. And of course York Street is divided where it intersects Cumberland. But this doesn't matter if you're right about the location.
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