Section 159(2) and (3) - Failing to slow down when passing a stopped emergency vehicle.
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hwybear
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by: hwybear on

** not saying this has anything to do with the above noted incident **


I have come across situations similiar.


I would be 2nd officer. I would stand on the fog line and face traffic. Anyone NOT moving over, I would use my right arm and point directly at the approaching car and then point out to the right (to the LEFT for approaching vehicles) with a straight level arm.


Then you get a vehicle almost runs me over and stop in front :shock: :shock:


If I wanted the vehicle to stop, would have again pointed at the vehicle, but with my left arm and then pointed to the LEFT (to the right for approaching vehicle)


Once the vehicle is now stopped in front there is a few options:

1) Issue offence notice for fail to move left

2) Issue 2 offence notices (fail to move left and fail to obey direction of officer)

3) Have a lengthy educational discussion with the occupant(s) of the vehicle

4) Have the driver stand by the fog line and direct traffic to move away for 1/2 hr (just kidding)

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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Reflections
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by: Reflections on

I agree that your job is dangerous and that the public needs to realize what the possibilities are when they are passing an officer and "client".


The problem is that 90-95% of the time there is absolutely bupkiss happening on roads other then people driving to their destination. This lulls us into a false sense of "road bliss" and when something does happen we, Joe Public, are unprepared.


For the record I am not arguing an officers safety, just the misinterpretation of events.

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
myticket
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by: myticket on

Thanks for your help. But Can I argue in the court that I couldn't understand the direction of the officer. Thinking he wants me to pull over, I just pulled over.


Does that sound?

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hwybear
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by: hwybear on

thread of


http://www.ontariohighwaytrafficact.com/topic1640.html

LOCKED


......this is a continuation of incident


myticket wrote:When the officer stopped me, there were two emergency vehicle on the road. In the witness box he checked NO.


Is this a question, why didn't he use other officer as a witness?

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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ponyboyt
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by: ponyboyt on

ive been reading scenerios like this because it happened to me too, but i didnt get stopped. It was raining bad and the police cars were on the left shoulder of 401, i was in the left lane, trying to get into the right. Almost every freaking day i check my back signals because these retards who think they should have a license make me think they dont work. I had my signal on for about a km and this idiot in a toyota to my right would not let me over, he kept matching my speed. SO i started inching over and he blows his horn for a good long 10 seconds as we pass the cruisers at about 50k, him still pacing me to my right. Im wondering what woulda went down if they DID stop me or if i had decided to smash into the toyota to avoid whatever was to my left. Who do you choose to hit? The cop on foot? no... the cruiser would probably be a bad idea, theres probably people standing around. But i can see bad coming out of puhing te guy to my right over too....

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hwybear
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by: hwybear on

ponyboyt wrote:Im wondering what woulda went down if they DID stop me or if i had decided to smash into the toyota to avoid whatever was to my left. Who do you choose to hit? The cop on foot? no... the cruiser would probably be a bad idea, theres probably people standing around. But i can see bad coming out of puhing te guy to my right over too....

Nothing with being a responsible driver (like you were) and slowing way down and not moving over as it was not safe to do so.

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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Bookm
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by: Bookm on

myticket wrote:I was 200 m away from his car when he waved me. I was just about to change the lane, but thought he wanted me to pull over, so I slowed down to 45K, but did not change the lane as I had to pull over.


Actually He did not waved me to pull over, by waving he wanted me to change the lane.


I only could not understand his signal.


I think this is a valid point. It's easy to misinterpret waving hands on the side of the highway. I know if I saw a cop looking at me and waving his hand, I would fully believe that I'm being pulled over.


Disobeying the direction of an officer is a serious offence, so you should argue you were trying to follow his order to pull over. It was an honest mistake resulting from confusing signals from the officer.

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Reflections
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by: Reflections on

Bookm wrote:I know if I saw a cop looking at me and waving his hand, I would fully believe that I'm being pulled over.

"I know, I know officer, pull over!"


"What's that, yes that was me on CWD."


:D :D :D
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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ponyboyt
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by: ponyboyt on

Bookm wrote:
myticket wrote:I was 200 m away from his car when he waved me. I was just about to change the lane, but thought he wanted me to pull over, so I slowed down to 45K, but did not change the lane as I had to pull over.


Actually He did not waved me to pull over, by waving he wanted me to change the lane.


I only could not understand his signal.


I think this is a valid point. It's easy to misinterpret waving hands on the side of the highway. I know if I saw a cop looking at me and waving his hand, I would fully believe that I'm being pulled over.


Disobeying the direction of an officer is a serious offence, so you should argue you were trying to follow his order to pull over. It was an honest mistake resulting from confusing signals from the officer.


Request traffic direction training history? "Sir, how long have you been a traffic light?"

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