Disobey Sign 182 (2) on HWY 401. Slight errors on ticket.

TomW
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Disobey Sign 182 (2) on HWY 401. Slight errors on ticket.

by: TomW on
Sun May 12, 2013 6:55 am

Here's the situation. I entered the 401 heading east. After a minute or two I was on the left lane a few car-lengths behind a marked cruiser. He was driving annoyingly slow in the left lane, maybe 110km/h, even if that. (I saw something in the HTA that slower traffic must keep right according to the current flow.) That's why I thought it was 'safe' to pass him. After about 20 or so seconds driving behind him, I knew he didn't want to get out of my way (I'm 100% sure he knew I wanted him to get out of my way, I have some audio-video evidence of that as I had my camera with me.) I decided to pass him on the middle lane. I was sure to keep my eye on the speedometer not to cross 115km/h as that is usually 'safe' and cops don't usually bother most people who drive at that speed. I was mistaken. He pulled me over just a few seconds after I passed him. On the printed part of the ticket the At line has HWY #402. On the disclosure, officer's notes have 401. Is this contradiction (which as I read could be corrected and stand if I showed up) good enough basis to force a fatal error by not attending trial as described here http://ticketcombat.com/offences/fines.php#forceerror ?

I have selected option 3 to have the trial and also selected the box saying that I intend to challenge the evidence of the officer and I request that he attend. He also made another mistake by writing that my car is a Volvo station wagon although it is a Subaru outback (Don't know how possibly he could have got that wrong as it says SUBARU on the back in fairly large letters). When he was handing me the ticket he also said that it's illegal to pass on the right. Which as I read is not true. I told him I did it because he was blocking me. He said he didn't want me to be going any faster (Thanks for your concern cop, but by blocking faster traffic you're creating a cluster of cars thus increasing chance of more serious accidents.) Don't know if these things are of any significance.

If it matters any, driving conditions were perfect, bright, clear, dry, very sparse traffic on a Friday morning. I noticed 401 is always less busy on Fridays as compared to Monday-Thursday. I guess lots of people take 3 day weekends.




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by: bend on
Sun May 12, 2013 11:12 am

TomW wrote:After a minute or two I was on the left lane a few car-lengths behind a marked cruiser. He was driving annoyingly slow in the left lane, maybe 110km/h, even if that. (I saw something in the HTA that slower traffic must keep right according to the current flow.) That's why I thought it was 'safe' to pass him. After about 20 or so seconds driving behind him, I knew he didn't want to get out of my way (I'm 100% sure he knew I wanted him to get out of my way, I have some audio-video evidence of that as I had my camera with me.) I decided to pass him on the middle lane. I was sure to keep my eye on the speedometer not to cross 115km/h as that is usually 'safe' and cops don't usually bother most people who drive at that speed. I was mistaken. He pulled me over just a few seconds after I passed him.
:lol:








iFly55
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by: iFly55 on
Mon May 13, 2013 6:56 pm

HTA S.128 is quite clear: you can not travel even 1kph over the posted limit, even to overtake other vehicles.
HTA S.150 - allows for vehicles to overtake on the right
HTA S.147 - slower vehicles should travel on the furthest right lane

even though pacing appears to be inferred; in the disclosure you received, does it say what your speed was and how it was measured?

the vehicular error may help during cross-examination; did the officer make notes of what you told him?

----------------------------------------------

mini-processions behind marked OPP cruisers are the norm on our 400-series highways; it's simply that time of day where you slow down and exercise patience

they're looking for compliancy, and you can bet that "highway traffic safety" enforcement is in full effect: speeding, seat-belts, cellphones...etc

i've seen on numerous occasions, impatient drivers edging ahead of marked cruisers and consequently getting pulled over


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