I live in the UK, and was on holiday in Ontario in May when I got pulled over and charged with this offence. Of course, I'd never heard of the law - but I reckon I was driving perfectly safely, having slowed down to pass the police officer, and pulled over as far as I could within my lane to give him plenty of safety space (it was on HW11, really wide lanes). There was other traffic in the outside lanes, so I did not feel it safe to move to the outside lane. So I was really suprised to get the ticket, and even more surprised when, having sent a letter of explanation with the challenge to the ticket, I am being asked to attend trial in August when I'm back in Canada. I will go and fight the case if I have to - but is it likely the prosecutor will withdraw before the date? Is there anything I can do to expedite that? Should I get a lawyer, or just trust to truth, justice and the Canadian way? If anyone can point me to info on court procedures, I'd be grateful (it didn't look like the summons was sent out by a capable person - wrong name, inaccurate charge details, incomplete address). Thanks!
I live in the UK, and was on holiday in Ontario in May when I got pulled over and charged with this offence. Of course, I'd never heard of the law - but I reckon I was driving perfectly safely, having slowed down to pass the police officer, and pulled over as far as I could within my lane to give him plenty of safety space (it was on HW11, really wide lanes). There was other traffic in the outside lanes, so I did not feel it safe to move to the outside lane.
So I was really suprised to get the ticket, and even more surprised when, having sent a letter of explanation with the challenge to the ticket, I am being asked to attend trial in August when I'm back in Canada.
I will go and fight the case if I have to - but is it likely the prosecutor will withdraw before the date? Is there anything I can do to expedite that? Should I get a lawyer, or just trust to truth, justice and the Canadian way? If anyone can point me to info on court procedures, I'd be grateful (it didn't look like the summons was sent out by a capable person - wrong name, inaccurate charge details, incomplete address).
Way to go, OPP! Make sure tourists (that spend a great deal of money in our Province) go back and spread the word about how risky it is to vacation in our "land of unique traffic laws". I live in a city that depends heavily on tourist dollars (Stratford, Ont.) and it is well known by the locals that our police department "looks the other way" when tourists fail to legally negotiate our quirky road networks and poorly designed intersections. It's apparent that municipal police officers have the ability to see the "big picture", and ticket accordingly. The OPP could care less about the economic health of the province. They've been instructed to GET TOUGH, and they are doing it. This "move-over" law is not common throughout the world, and yet we have the gaul to heavily fine tourists who have no way of knowing about it. If I didn't already live here, I would never come here. My dollars would be spent in a more "tourist-friendly" province (or country). Ontario drivers are currently suffering under an oppressive government and police commissioner who are aggressively ticketing "regular citizens" in a desperate (and misguided) attempt to save a few lives lost due to street racing over the past few years. You could call the Prosecutor at the courthouse listed on the back of your ticket. Explain that you DID slow down significantly but were unable to change lanes due to traffic conditions. Express your desire to have this ticket dismissed completely. He will likely counter with an offer of a reduced charge, such as "fail to obey sign", and a reduced fine. It's up to you whether you accept his offer, or proceed to seek advice from a traffic lawyer. Personally (if I could afford it) I would deal with a local lawyer familiar with the subject court and prosecutor. He can represent you completely, and you never have to attend the court. On behalf of Ontario, I apologize for your negative experience here. I hope you'll consider taking in a play at our world-famous Festival Theater some day. Stratford goes out of it's way to see that tourists are treated with the respect they deserve.
Way to go, OPP! Make sure tourists (that spend a great deal of money in our Province) go back and spread the word about how risky it is to vacation in our "land of unique traffic laws".
I live in a city that depends heavily on tourist dollars (Stratford, Ont.) and it is well known by the locals that our police department "looks the other way" when tourists fail to legally negotiate our quirky road networks and poorly designed intersections. It's apparent that municipal police officers have the ability to see the "big picture", and ticket accordingly. The OPP could care less about the economic health of the province. They've been instructed to GET TOUGH, and they are doing it.
This "move-over" law is not common throughout the world, and yet we have the gaul to heavily fine tourists who have no way of knowing about it. If I didn't already live here, I would never come here. My dollars would be spent in a more "tourist-friendly" province (or country). Ontario drivers are currently suffering under an oppressive government and police commissioner who are aggressively ticketing "regular citizens" in a desperate (and misguided) attempt to save a few lives lost due to street racing over the past few years.
You could call the Prosecutor at the courthouse listed on the back of your ticket. Explain that you DID slow down significantly but were unable to change lanes due to traffic conditions. Express your desire to have this ticket dismissed completely. He will likely counter with an offer of a reduced charge, such as "fail to obey sign", and a reduced fine. It's up to you whether you accept his offer, or proceed to seek advice from a traffic lawyer. Personally (if I could afford it) I would deal with a local lawyer familiar with the subject court and prosecutor. He can represent you completely, and you never have to attend the court.
On behalf of Ontario, I apologize for your negative experience here. I hope you'll consider taking in a play at our world-famous Festival Theater some day. Stratford goes out of it's way to see that tourists are treated with the respect they deserve.
It is just not Ontario that has this law of move over, it is a vast majority of USA as well. Municipal police and provincial police are the same...except the shoulder flash. OPP does police many municipal areas. Since we are provincial we are also mandated to the provincial hwys. Our local PD has it's own traffic unit (6 officers and a Sgt) and they hammer traffic all day all night...even more so than we do on the Provincial Hwy...so this statement of Municipal vs Provincial is false! Absolutely we have been told to get tough on drivers who do not obey this law. Out of all the laws we have, this is the top one. It costs taxpayers money to replace damaged cruisers, it costs officers their lives! A police officers life is not worth a driver's 60 seconds to move over and slow down! I treat every driver the same regardless of where the driver is from = ZERO tolerence!
It is just not Ontario that has this law of move over, it is a vast majority of USA as well.
Municipal police and provincial police are the same...except the shoulder flash. OPP does police many municipal areas. Since we are provincial we are also mandated to the provincial hwys. Our local PD has it's own traffic unit (6 officers and a Sgt) and they hammer traffic all day all night...even more so than we do on the Provincial Hwy...so this statement of Municipal vs Provincial is false!
Absolutely we have been told to get tough on drivers who do not obey this law. Out of all the laws we have, this is the top one. It costs taxpayers money to replace damaged cruisers, it costs officers their lives! A police officers life is not worth a driver's 60 seconds to move over and slow down!
I treat every driver the same regardless of where the driver is from = ZERO tolerence!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
My opinion is based on my own observations. I've had the pleasure of meeting about 20 different officers on the side of the road, over 30 years of driving. I have always been treated civilly by our local PD. But I have personally witnessed a total lack of self control from 3 separate OPP officers, one of which I seriously question his mental stability. Being somewhat of a "backyard psychologist", I reason it this way: The local cops are more likely to feel "part of the community as a whole". The guy he gives a ticket to today may be in line with him at the bank tomorrow. But the OPP are likely to never see their "perps" again. It's a much less "personal" experience out there on the highways, so it's much easier to vent on some poor sap who dared to defy some statue or question some command. I think that's becoming the norm for most traffic enforcement officers. It's a shame. This man didn't even know about the law and yet he still slowed down and moved over to the left-most part of his lane. He felt quite certain he had taken sufficient steps to see that he provided a measure of safety that the stopped officer deserved. Personally, I think he should have been thanked, not ticketed. And why does this law not apply to a regular citizen out there changing a flat tire on the side of the road. I guess we're not as important. Much like the original poster of this thread, I take steps to improve safety when passing ANY stopped vehicle. So I can sympathize with him. I don't believe this is the type of driver that is plowing in to the back of cruisers on the side of the road. On a side note: I spent a good part of Saturday on the 401 between Kitchener and Toronto. I couldn't help but notice that the right lane was frequently empty of cars! I think most folks ARE aware of this law and they have adapted by staying out of the right lane ALL TOGETHER. I found it very odd to find myself in the right lane with no cars in front of me, while the left two lanes were packed!
hwybear wrote:
...so this statement of Municipal vs Provincial is false!
My opinion is based on my own observations. I've had the pleasure of meeting about 20 different officers on the side of the road, over 30 years of driving. I have always been treated civilly by our local PD. But I have personally witnessed a total lack of self control from 3 separate OPP officers, one of which I seriously question his mental stability.
Being somewhat of a "backyard psychologist", I reason it this way: The local cops are more likely to feel "part of the community as a whole". The guy he gives a ticket to today may be in line with him at the bank tomorrow. But the OPP are likely to never see their "perps" again. It's a much less "personal" experience out there on the highways, so it's much easier to vent on some poor sap who dared to defy some statue or question some command.
hwybear wrote:
I treat every driver the same regardless of where the driver is from = ZERO tolerence!
I think that's becoming the norm for most traffic enforcement officers. It's a shame. This man didn't even know about the law and yet he still slowed down and moved over to the left-most part of his lane. He felt quite certain he had taken sufficient steps to see that he provided a measure of safety that the stopped officer deserved. Personally, I think he should have been thanked, not ticketed.
And why does this law not apply to a regular citizen out there changing a flat tire on the side of the road. I guess we're not as important.
Much like the original poster of this thread, I take steps to improve safety when passing ANY stopped vehicle. So I can sympathize with him. I don't believe this is the type of driver that is plowing in to the back of cruisers on the side of the road.
On a side note: I spent a good part of Saturday on the 401 between Kitchener and Toronto. I couldn't help but notice that the right lane was frequently empty of cars! I think most folks ARE aware of this law and they have adapted by staying out of the right lane ALL TOGETHER. I found it very odd to find myself in the right lane with no cars in front of me, while the left two lanes were packed!
I couldn't help but notice that the right lane was frequently empty of cars! I think most folks ARE aware of this law and they have adapted by staying out of the right lane ALL TOGETHER. I found it very odd to find myself in the right lane with no cars in front of me, while the left two lanes were packed!
that's b/c you were driving this...
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
lol, imagine driving that! _____________________________ Roger101 Btw, you would probably want an experienced Paralegal to advise and help you out with this ticket. Not a lawyer, since most lawyers dont handle traffic tickets, actually none that I know of in Ontario. Paralegals will do a great job. To be referred to a Paralegal by this site, simply fill out the form at the bottom of the page. Good luck on your traffic ticket.
lol, imagine driving that!
_____________________________
Roger101 Btw, you would probably want an experienced Paralegal to advise and help you out with this ticket.
Not a lawyer, since most lawyers dont handle traffic tickets, actually none that I know of in Ontario.
Paralegals will do a great job. To be referred to a Paralegal by this site, simply fill out the form at the bottom of the page.
roger101, Your charge should be considered a "strict liability" offence which means your defence should be one of reasonable care. Strict liability offences cannot convict a morally innocent person. This is different than an "absolute liability" offence which does not care what excuse you have, if you broke the law then you are guilty. Your charge under 159.1(1) of the Highway Traffic Act says you must slow down, and if possible change lanes. It sounds like you tried to do this. Prior to trial, request disclosure. You should have a notice of trial with the address of the court where you can send a disclosure request. Ask for everything that will be used in evidence against you and, without limiting this general request, also ask for: a full copy of the police officers notes; a copy of both sides of the officers copy of the ticket (Notice of Offence); a typed version of any hand written notes; witness will say statements; witness statements; any statements made by the defendant; and copies of the original notes of such statements. In order to convict you, the officer has to testify that you didn't slow down and that you didn't change lanes. Disclosure will allow you to find out what he's going to say and what you said to him (hopefully nothing). Your defence is that you believed you were slowing down and trying to change lanes. Whether you did or not is immaterial in strict liability offences. You don't have a lot of time...August is pretty quick for a trial. Just curious, where did you get the ticket?
roger101, Your charge should be considered a "strict liability" offence which means your defence should be one of reasonable care. Strict liability offences cannot convict a morally innocent person. This is different than an "absolute liability" offence which does not care what excuse you have, if you broke the law then you are guilty.
Your charge under 159.1(1) of the Highway Traffic Act says you must slow down, and if possible change lanes. It sounds like you tried to do this.
Prior to trial, request disclosure. You should have a notice of trial with the address of the court where you can send a disclosure request. Ask for everything that will be used in evidence against you and, without limiting this general request, also ask for:
a full copy of the police officers notes;
a copy of both sides of the officers copy of the ticket (Notice of Offence);
a typed version of any hand written notes;
witness will say statements;
witness statements;
any statements made by the defendant; and
copies of the original notes of such statements.
In order to convict you, the officer has to testify that you didn't slow down and that you didn't change lanes. Disclosure will allow you to find out what he's going to say and what you said to him (hopefully nothing). Your defence is that you believed you were slowing down and trying to change lanes. Whether you did or not is immaterial in strict liability offences.
You don't have a lot of time...August is pretty quick for a trial. Just curious, where did you get the ticket?
As long as you're not a "Back Door Psychologist".......... The officer could have exersized "Diplomatic Discression" on this one..... Thats my 3 cents, 1 cent for GST+PST
Being somewhat of a "backyard psychologist",
As long as you're not a "Back Door Psychologist"..........
Make sure tourists (that spend a great deal of money in our Province) go back and spread the word about how risky it is to vacation in our "land of unique traffic laws".
The officer could have exersized "Diplomatic Discression" on this one.....
Thats my 3 cents, 1 cent for GST+PST
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
I don't know what they would charge, but it can also save you the hassle of doing all the work yourself. I think they would charge you a fair price. You can fill out the form at the bottom of the page for a traffic ticket paralegal to contact you.
I don't know what they would charge, but it can also save you the hassle of doing all the work yourself. I think they would charge you a fair price.
You can fill out the form at the bottom of the page for a traffic ticket paralegal to contact you.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
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…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
.