need help -unsafe lane change?

dgs
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need help -unsafe lane change?

by: dgs on
Fri Feb 13, 2009 9:34 pm

I was involved in a collision a week ago and the OPP wrote me a ticket for "Change Lane, not in safety" and he told me it was 2 demerit points...I can find no mention of this in any online HTA material? I want to fight the ticket but not sure how to do this...so looking for someone with some experience to chat with.


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by: ticketcombat on
Fri Feb 13, 2009 11:01 pm

Sounds like a Section 154 offence which carries 3 demerit points.

Right now request a trial, request disclosure and request the earliest possible trial date (don't worry, you won't get one). You can check out my site below for your introduction to fighting a ticket, step by step instructions and the form letters you will need.

Unless the officer was an accident reconstruction expert, they have to rely on witness statements. When you get the accident report (typed please) you will start to see the lack of evidence against you. And this is where your fight begins.

If you have questions, post them here.

Good luck and good fight!
Fight Your Ticket!


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by: dgs on
Fri Feb 13, 2009 11:21 pm

the ticket says Section 142 (1) and he specifically told me he had the option of charging me 2 different ways, one which carried 3 demerit points and this one that carries 2 demerit points (like he was doing me a favor). Actually i have been reviewing your site and the step by step instructions...very thorough but a little overwhelming for someone who has never been through this before. I think my original hope was to get a lesser charge with no demerit pts thinking those are what will affect my insurance, but the more I go over in my mind the events of that morning, i really don"t believe my lane change was unsafe, and when i made it i had every expectation that i would stop in time on the off ramp. with poor site line to the line of traffic exiting the hwy, I judged my rate of braking by the car in front of me and when she slammed into the stopped car in front of her, I had no where to go and no reaction time, which led to my colliding with her rear end...
I will continue to review your site for guidance...of note, if it happened in Hamilton and I live in Milton, can I go to the Milton Court and request a trial date for this ticket?


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by: racer on
Sat Feb 14, 2009 5:27 pm

If you were charged with either 142(1), than you were charged with "Fail to signal" offense. It does carry 2 pts, as you can check on "Demerit Points" link on the bottom of this page.
(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). )
Can you describe (or better yet, give the coordinates, hwy names, i.e. 403 on York Rd. Eastbound exit) of where the collision happened? Some of us might be familiar with the area and can give you a great advice, or to analyze best what has happened, or argue about the poor visibility afforded by the highway builders, etc.

In any case, you have about 4 months before your trial date, maybe more. I suggest you use them wisely, do some research.

The section that corresponds to "Fail to obey signs" is 182(2), so you posted it in the wrong board.
"The more laws, the less justice" - Marcus Tullius Cicero
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by: dgs on
Sat Feb 14, 2009 6:07 pm

thanks racer, I wasnt sure how to post so not surprised I am not. in the right place..the charge relates to the lane change...he did not witness my lane change, but my statement says I had just made a lane change into the exit lane when the accident occured...you are exactly right, I was exiting the 403 at York Blvd (coming from Milton) at about 8:10 am, clear day but very bright sun, he concluded that i did not make a lane change "in safety" because i entered a lane where I was not able to stop my vehicle in time. Traffic was very heavy and dead stopped at that exit. I saw the brake lights and slowed down rapidly but judged my rate of braking by the car in front of me, and when she slammed into a stopped vehicle in front of her, I slammed into her. There were 3 cars involved. cop told me "she" was charged with more serious offence, basically causing the accident, but that I too must be charged as I hit her from behind and he decided it was because of my lane change, which I do not agree with. i made a lane change properly and safely, with caution and had every expectation based on what I saw, that I could stop in time with the traffic. thanks for any guidance you can provide.


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by: racer on
Sat Feb 14, 2009 6:22 pm

Having lived in Hamilton for a while, I deduced you would use 403 to enter the town, and (at least I would) avoid Main St. like bubonic plague :twisted:, thus taking York Blvd exit :roll: . That off-ramp is plagued (not to use the pun here) with bad visibility, poor design - you cannot judge whether there are any cars on the ramp as you are entering it, because the 403 is under the off-ramp, and there are tall barriers on the ramp itself, the ramp is not tilted, so there is no surprise that you didn't have a clue as to what to expect of the traffic on the ramp.
"The more laws, the less justice" - Marcus Tullius Cicero
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by: hwybear on
Sat Feb 14, 2009 6:27 pm

dgs wrote:she slammed into a stopped vehicle in front of her, I slammed into her......... i made a lane change properly and safely, with caution and had every expectation based on what I saw, that I could stop in time with the traffic. .
Lots of contradictory comments in that......if it was so safe with caution used.....how can you slam into her? ( need a puzzled emoticon)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: racer on
Sat Feb 14, 2009 6:35 pm

hwybear wrote:Lots of contradictory comments in that......if it was so safe with caution used.....how can you slam into her? ( need a puzzled emoticon)
Hard to see past the back of a pickup... Ever drive into Hamilton from Toronto and onto York Rd. Blvd? You cannot expect anything from what you see on ramp - you can't see what's going on it at all. Bear, I guess you would come from the other side of town, and make a right onto the Lincoln M. Alexander Pkwy, and make his way into town that way...

Puzzled emoticon :?

Code: Select all

 :? 
:lol:
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

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by: dgs on
Sat Feb 14, 2009 6:37 pm

what I am saying is i did not knowing move into a lane where it was clear to me as I made the lane change that traffic was stopped...the lane change was made well before the accident, but on the curve in the highway (and a dip under the overpass) and although it became clear to me after completing the lane change that traffic was braking, i would not have moved into that exit lane had i thought for one minute that i was not going to be able to stop my vehicle in time. I have since learned from a number of people that is a very tricky exit off the 403, one I was not familiar with as I had not travelled it before in morning rush hour traffic.


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by: dgs on
Sat Feb 14, 2009 6:44 pm

racer, just another thought... :?: you seem to know the exit I am referring to well, and if what I am hearing about how cursed this exit is, would there be any value in my researching and documenting the volume of MVA's that occur at this same location, and that this might give some weight to claiming this is not a safe exit... :?: just thinking out loud.


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by: racer on
Sat Feb 14, 2009 6:50 pm

That wouldn't hurt you pleading your case in any case. I actually haven't even gone on that exit more than a half dozen times myself, as I lived up on the mountain, so I'd usually take the 403 all the way up to Linc. or Stone Church, those are much nicer/safer exits, but get you nowhere near downtown... Look up news reports from the Hamilton Spectator, see how many accidents there are. If there are a lot we know that you are not the only one who got confused on that intersection.

On a side note, what kind of car have you rear-ended?
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


dgs
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by: dgs on
Sat Feb 14, 2009 7:02 pm

it was a 2001 Ford Focus I think, it got damaged both front and back, probably a write off, the car she hit from behind was also a Ford, newer, like 2004..

thanks for the advice


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by: hwybear on
Sat Feb 14, 2009 8:35 pm

dgs wrote:it was a 2001 Ford Focus I think
Well....certainly had a good "focus" on it :)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: Reflections on
Sat Feb 14, 2009 9:25 pm

No we need a corny icon
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: racer on
Sun Feb 15, 2009 1:15 am

racer wrote:Look up news reports from the Hamilton Spectator, see how many accidents there are. If there are a lot we know that you are not the only one who got confused on that intersection.
Heck, you can almost see The Spec's building from that 403 exit off-ramp, just look to the right, it's North-East of 403-Main access ramps. Should be easy for the reporters to cover, all they need is a pair of binoculars....
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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