First hand experience taking 159.3 to trial?

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Joined: Wed Jan 04, 2012 11:37 pm

First hand experience taking 159.3 to trial?

by: zooze on
Wed Jan 04, 2012 11:47 pm

How do you defend against HTA 159.3 - Failing to move into another lane for emergency vehicle – if safe to do?

A few days ago I received a ticket under Ontario HTA 159.3 for:

Failing to move into another lane for emergency vehicle – if safe to do so

I plan on taking the ticket to court, but wonder if I should do so myself, or with some representation. I've have no tickets in the last two years, though this seems significant enough that I should fight it.

The officer believes I could have safely changed lanes, though I'm not sure I could have.

Does anyone here have first hand experience fighting such a ticket? Sharing your experience would be greatly appreciated.

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Joined: Fri Mar 31, 2017 9:27 am

by: vladmtf on
Sat Apr 01, 2017 10:01 am

Just lost a trial a few days ago. It happened at Napanee.
Standard situation: police officer decided I could change the lane safely, and I thought opposite.
1.It is my responsibility to see him far enough to change the lane safely. Any speculations that I was dealing with other situations on the road don't count.
2.You need to describe in details what car in front, on your left or behind you prevented you from changing the lane. Prosecutor told me that he expected me asking police officer questions like " Do you remember large green car on my left when I was passing you?" etc. It can also be debris on the road.
3. Judge told me at the end that "slow down" for highway means less than 70 km/h.

Original ticket was 490$. Before trial prosecutor offered me 200$ plus cost, total would be less or around 290. There was another person in the same session who was offered 300$ plus cost, probably he had convictions before, he accepted.
At the end I paid the same 490$. Judge was offering time to pay, up to 120 days. If I didn't show up for trial, I would pay the same 490, but I would have 15 days to pay.

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