(The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement. R.S.O. 1990, c. H.8, s. 142 (1). )
thanks all, I new here, since this is the first time i ever got a ticket in my many many years of driving. I must add, this is a fantastic forum that gives the little guys a chance.
so i am driving sb on 404 from 16th ave in richmond hill.
i am in L2, and slide over to the car pool lane, as the car pool lane starts at that point. I signaled, but cop says i didnt for 2 lanes...
it wasnt very busy at 9:30pm.
i was cited under 142(1), so if no cars are arround.. then does that mean i dont have to signal.. according to the OHTA?
if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement.
do i have a case?
I suspect the cop pulled me over cause he thought i was using the car pool lane by myself, but when he came up to the car, he saw my kid, in the back seat, straped in of course, decided to make up the charge..
any ideas on what to do in court?
if i cut off a car wouldnt he have cited me under unsafe lane change?
As usual, request the disclosure, see what he wrote. You do not have to signal if you are the only car on the road, but it is recommended to do so anyway. If the cop's notes say that there was no traffic, you can easily beat him on his own notes. Chances are the cop won't even show up once you request the notes and he realises that he goofed up.
"The hardest thing to explain is the obvious"
www.OHTA.ca & www.OntarioHighwayTrafficAct.com
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