I finally moved over to the left but did not cross lanes until just as I passed the emergency vehicle. That police vehicle then pulled out and pulled me over from that second lane.
I explained this all to the officer and she said I should have slowed down more or moved over to the other lane quicker - she insisted that when a person slows down the tailgaters will not hit you. I did not agree but felt it was not in my best interest to argue. She gave me a $490 ticket and said to tell my story to the prosecutor.
She was very polite and professional but I still feel it was not safe to slow down or change lanes.
Do I have a case?
You've made a very good point. Thank you for your feedback. I really appreciate it. Quick question about the 3 demerit points ---Stanton wrote:Might be worthwhile to consult with a paralegal. While I'm sure the Crown will offer you a plea deal to a lesser fine, I doubt they'd simply withdraw the charge based on your explanation alone. While I don't think you'd be expected to jam on the brakes with a tailgater, it might be hard to articulate that the risk posed by the tailgater outweighed the risk you posed to the officer by not slowing down.
I've had two tickets in my life and this makes 3 - previously a speeding ticket about 20 years ago and there were no demerit points were involved ... then about a year ago I was talking on my cell phone and driving (not sure if that involves demerit points). I've now had more tickets in my 40's than I had in my 20's
If the Crown offers me a plea deal to a lesser fine will that likely mean they will also remove the 3 demerit point penalty?
Does losing three demerit points typically automatically mean my insurance will go up in my situation?
It's a shame because I do try very hard at being a safe driver and spend most of my time in the slow lane. Ironically If I was more aggressive I would never have been in that lane.
Anyway, another valuable lesson.
I wonder if there is a benefit to contacting a paralegal or a ex-copper type of business to see if they can help me articulate my story better. In my humble opinion (and my wifes) it wasn't safe to change lanes.