Hi All, I want some helpful tips in fighting this ticket. Here is what happened. Southbound approaching an intersection..my daughter in the left hand lane (4 lane street - Bathurst southbound Richmond Hill), she is riding behind a slower vehicle in the left hand lane. As she approaches the intersection, she goes into the right hand lane after two cars pass her as she approaches the intersection. As she is entering the lane, she sees just in front of her, there is a motorcycle cop in the right turn lane of the intersection with a car pulled over. He watches the 3 cars pass, my daughter just happens to turn into a gas station on the other side of the intersection. He comes over and starts yelling at her about he could have been killed etc. I am looking for grounds to fight it on. Failure to slow down....reasonable to ask him to prove how he knows she did not slow down? In fact, she did to let the two other cars pass her. She has her boyfriend as a witness. Secondly, and this is probably the harder part to fight...she pulled into the right hand lane when the HTA says, if she can safely move to a lane away from the vehicle, she is obligated to do that. Any suggestions on fighting that? It was not like one of the cars that usually hangs halfway into the lane, this was a motorcycle fully in the right hand turn lane. I have never had to fight a ticket before so would like any advice that anyone thinks may work. This really is a bit of a BS charge...he was just majorly pissed is all. Thanks for any help.
Hi All, I want some helpful tips in fighting this ticket. Here is what happened. Southbound approaching an intersection..my daughter in the left hand lane (4 lane street - Bathurst southbound Richmond Hill), she is riding behind a slower vehicle in the left hand lane. As she approaches the intersection, she goes into the right hand lane after two cars pass her as she approaches the intersection. As she is entering the lane, she sees just in front of her, there is a motorcycle cop in the right turn lane of the intersection with a car pulled over. He watches the 3 cars pass, my daughter just happens to turn into a gas station on the other side of the intersection. He comes over and starts yelling at her about he could have been killed etc. I am looking for grounds to fight it on.
Failure to slow down....reasonable to ask him to prove how he knows she did not slow down? In fact, she did to let the two other cars pass her. She has her boyfriend as a witness.
Secondly, and this is probably the harder part to fight...she pulled into the right hand lane when the HTA says, if she can safely move to a lane away from the vehicle, she is obligated to do that. Any suggestions on fighting that? It was not like one of the cars that usually hangs halfway into the lane, this was a motorcycle fully in the right hand turn lane.
I have never had to fight a ticket before so would like any advice that anyone thinks may work. This really is a bit of a BS charge...he was just majorly pissed is all.
Not sure I really follow your explanation of what happened, but failing to slow down and failing to switch lanes are two different sections. Yes, she should have pulled into a different lane, but that's not what she's been charged with. The officer will have to articulate that why they believe your daughter didn't slow to a safe speed when passing them. Not sure I'd call it a BS charge. It's pretty serious and sounds like the officer genuinely thought your daughter committed the offence.
Not sure I really follow your explanation of what happened, but failing to slow down and failing to switch lanes are two different sections. Yes, she should have pulled into a different lane, but that's not what she's been charged with. The officer will have to articulate that why they believe your daughter didn't slow to a safe speed when passing them.
Not sure I'd call it a BS charge. It's pretty serious and sounds like the officer genuinely thought your daughter committed the offence.
In answer to the two comments, i do have my daughters consent...in fact she asked for my help because it was such a BS charge. Perhaps i didnt explain it properly.....but if you look at the definition of the charge....we have to "slow down and proceed with caution" and we have to switch lanes out of the lane closest to the officer if it is safe to do so. The officer was in no danger at all and the cars "all 3 of them" were not speeding, or driving recklessly. There were simply cars in both the fast lane an d the shoulder lane and my daughter decided to switch into the slower lane because the car in front of her was going below the speed limit. She had hardly gotten into the shoulder lane when she came upon the officer. The other cars in the right lane blocked her view but as she came into the right lane at the speed of traffic, she saw him. The other cars in front of her kept going, and she got nailed because she was the one that decided to pull into the gas station. She had no idea that he was after her becaues in her mind, and her boyfriends mind, they had more than safely passed the officer. Anyone have any ideas for tactics they would employ to try and fight this?
In answer to the two comments, i do have my daughters consent...in fact she asked for my help because it was such a BS charge. Perhaps i didnt explain it properly.....but if you look at the definition of the charge....we have to "slow down and proceed with caution" and we have to switch lanes out of the lane closest to the officer if it is safe to do so. The officer was in no danger at all and the cars "all 3 of them" were not speeding, or driving recklessly. There were simply cars in both the fast lane an d the shoulder lane and my daughter decided to switch into the slower lane because the car in front of her was going below the speed limit. She had hardly gotten into the shoulder lane when she came upon the officer. The other cars in the right lane blocked her view but as she came into the right lane at the speed of traffic, she saw him. The other cars in front of her kept going, and she got nailed because she was the one that decided to pull into the gas station. She had no idea that he was after her becaues in her mind, and her boyfriends mind, they had more than safely passed the officer. Anyone have any ideas for tactics they would employ to try and fight this?
wow...the other cars in "fast lane" slowed down as they had seen the officer, your daughter decides they are going too slow for her liking, moves into the slow lane and passes directly beside the officer
Celler6 wrote:
. There were simply cars in both the fast lane an d the shoulder lane and my daughter decided to switch into the slower lane because the car in front of her was going below the speed limit. She had hardly gotten into the shoulder lane when she came upon the officer.
wow...the other cars in "fast lane" slowed down as they had seen the officer, your daughter decides they are going too slow for her liking, moves into the slow lane and passes directly beside the officer
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Usually when people state that the "failure to slow down or move over" is a BS charge, or a "cash grab," I use this analogy: Police/firefighters/EMS etc are working on the highway, so they are "at work." Would you like someone driving 80 km/h (or faster) five feet from your desk?
paul1913 wrote:
Its not a BS charge as there has been many officers that have lost their lives as a result of this.
Usually when people state that the "failure to slow down or move over" is a BS charge, or a "cash grab," I use this analogy:
Police/firefighters/EMS etc are working on the highway, so they are "at work." Would you like someone driving 80 km/h (or faster) five feet from your desk?
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I am not a big one for going to forums but in this case, thought i would try it out to see if anyone could offer any help. Wow...no wonder on line forums get a bad name. In a forum which is designed to discuss all aspects of the Highway traffic act, everyone wants to convict my daughter based simply on my account of things - good thing the justice system is a bit more patient before it convicts. Liberties get taken with interpretations and twisted to fit the convenient argument that allows perfect strangers to blast her. Absolutely amazing....all i asked for was some help from some of you who might have experience in fighting this kind of thing yet all the *edited by forum* want to do is put forth their thoughts on the guilt or innocence of my daughter, or attack me for calling it a BS charge via the insinuation that i dont respect the lives of the police. Nothing is further from the truth...one can dispute the guilt or innocence of my daughter and the behaviour of the officer and still understand the importance of such a serious charge. It can still be a BS charge based on the officer not doing his job properly, while the respect for the nature of the charge can still exist. Again, I ask, without any sermons or attacks, is there at least one person out there who might be able to offer advice on how to fight this thing? *Edited by forum*
I am not a big one for going to forums but in this case, thought i would try it out to see if anyone could offer any help. Wow...no wonder on line forums get a bad name. In a forum which is designed to discuss all aspects of the Highway traffic act, everyone wants to convict my daughter based simply on my account of things - good thing the justice system is a bit more patient before it convicts. Liberties get taken with interpretations and twisted to fit the convenient argument that allows perfect strangers to blast her. Absolutely amazing....all i asked for was some help from some of you who might have experience in fighting this kind of thing yet all the *edited by forum* want to do is put forth their thoughts on the guilt or innocence of my daughter, or attack me for calling it a BS charge via the insinuation that i dont respect the lives of the police. Nothing is further from the truth...one can dispute the guilt or innocence of my daughter and the behaviour of the officer and still understand the importance of such a serious charge. It can still be a BS charge based on the officer not doing his job properly, while the respect for the nature of the charge can still exist. Again, I ask, without any sermons or attacks, is there at least one person out there who might be able to offer advice on how to fight this thing? *Edited by forum*
your only course of action at this point is to request disclosure (officer's notes), and try to understand the charge from the officer's POV only then can you mount a defence maybe in the future when you see emergency vehicles, either move over one lane... if not while driving by, just slow down... get your daily dose of rubbernecking prescribed by the HTA... and proceed forward slowly
your only course of action at this point is to request disclosure (officer's notes), and try to understand the charge from the officer's POV
only then can you mount a defence
maybe in the future when you see emergency vehicles, either move over one lane... if not while driving by, just slow down... get your daily dose of rubbernecking prescribed by the HTA... and proceed forward slowly
Sorry but by the evidence you provided, it appears your daughter did commit an offence. I'm not a legal expert so you should probably seek professional advice. You said she switched to the right lane to pass because the other drivers slowed down below the speed limit - probably because they saw the officer and knew to slow way down. Her immediate reaction when seeing the peace officer ahead should have been to hit the brakes and switch back to the passing lane behind the other cars. And you were the one that called it a BS charge. With all due respect, you can't expect much sympathy with a comment like that. Many of the forums I participate in, give back exactly what you put in. If you drive along many of the Highways in Ontario, you will see signs with the dedications to the memories of officers that were killed in the line of duty. Many were traffic related. Put yourself in the officer's shoes for a second and maybe you'll realize that the officer is putting his or her life on the line for the safety of you and your daughter.
Sorry but by the evidence you provided, it appears your daughter did commit an offence. I'm not a legal expert so you should probably seek professional advice.
You said she switched to the right lane to pass because the other drivers slowed down below the speed limit - probably because they saw the officer and knew to slow way down. Her immediate reaction when seeing the peace officer ahead should have been to hit the brakes and switch back to the passing lane behind the other cars.
And you were the one that called it a BS charge. With all due respect, you can't expect much sympathy with a comment like that. Many of the forums I participate in, give back exactly what you put in. If you drive along many of the Highways in Ontario, you will see signs with the dedications to the memories of officers that were killed in the line of duty. Many were traffic related. Put yourself in the officer's shoes for a second and maybe you'll realize that the officer is putting his or her life on the line for the safety of you and your daughter.
This site is not a site that helps bad drivers get off there ticket. It is to help innocent people. You described an action of your daughters that makes me angy allmost every day. Not a chance that I would help you with that ticket. Cheers Stripe
Celler6 wrote:
I am not a big one for going to forums but in this case, thought i would try it out to see if anyone could offer any help. Wow...no wonder on line forums get a bad name. In a forum which is designed to discuss all aspects of the Highway traffic act, everyone wants to convict my daughter based simply on my account of things - good thing the justice system is a bit more patient before it convicts. Liberties get taken with interpretations and twisted to fit the convenient argument that allows perfect strangers to blast her. Absolutely amazing....all i asked for was some help from some of you who might have experience in fighting this kind of thing yet all the *edited by forum* want to do is put forth their thoughts on the guilt or innocence of my daughter, or attack me for calling it a BS charge via the insinuation that i dont respect the lives of the police. Nothing is further from the truth...one can dispute the guilt or innocence of my daughter and the behaviour of the officer and still understand the importance of such a serious charge. It can still be a BS charge based on the officer not doing his job properly, while the respect for the nature of the charge can still exist. Again, I ask, without any sermons or attacks, is there at least one person out there who might be able to offer advice on how to fight this thing? *Edited by forum*
This site is not a site that helps bad drivers get off there ticket.
It is to help innocent people.
You described an action of your daughters that makes me angy allmost every day.
Not a chance that I would help you with that ticket.
Cheers
Stripe
"hang onto your chair when reading my posts
use at your own risk"
I've searched and either I'm not hitting the key words or the topic hasn't been touched on before (which I doubt, but anyway...)
Just curious how long a HTA conviction stays on record (both on MTO and insurance) and does the "clock" start from the offence date or conviction date?
I recently hit a van from behind, at a busy cross section. The reason was my lunch bag and coffee dropped to floor with a 'bang', so I did not fully stop. The police came and charge me with HTA 130 (careless driving), is this too much for me?
BTW I did not mention the coffee thing to the police since I thought this would only involve insurance company (I was hit by somebody a few years ago, the…
Got stopped for what I thought was going to be speeding, officer apparently had other ideas which needless to say surprised the heck out of me since Im positive I was not going over 150.
Ive done a LOT of reading already on here, Ticket Combat and some specific cases on Canlii (need to look up even more) and many other places but I still have some specific questions and some general ones I didnt…
Hi There , I need some direction and Im hoping that someone can point me there. I am 7 years into a lifetime suspension for 3 DUI's back in another life. About two years ago I started emailing the powers that be... ie , the Minister of Transportation , the judge that convicted me , ect ,,,,ect..... A friend of mine in the program , ( lawyer ) gave me some hope with a tribunal for appeals in…
Recently I was cited for speeding 105 km/h in a 60 km/h zone. I have two problems, firstly I am 18 and have my G2 (insurance is already expensive) and although I will likely have my G by the time this is resolved I want this to have the least impact on my insurance possible. The second and more important issue is that the officer who alleges I was speeding did not catch up to my car until I was…
I received a 141(5) left turn violation for an accident.
I was making a left turn across three lanes of traffic. The nearest two lanes were stopped for a traffic light up ahead of them and behind me. The third lane was a "right turn only" lane. As I made the turn, I saw a car pull out around the stopped traffic and enter the "right turn lane", so I stopped with my nose in the lane, but instead of…
Hi everyone I just received a ticket for parking the wrong way on the street in front of my house. There is not sign saying I have to park a certain way and I have been unable to find anything that says you have to park in a certain direction.
SO can anyone help me, I think I want to appeal the ticket but would like some advice to see if I am way off the watt with this one, or should I per sure…
Hello, i like many others a bad habit of attracting unwanted attention, and tickets. i drove a dark Eagle Talon that my girlfriend used to call a Bat-mobile. im also under 25 years old. well i drive for a living, and i want to do whatever i can to keep my abstract clean. so i sold the car, and im posting here. if anyone cares to take 5min and post your thoughts i would be delighted.
Good morning drivers, law enforcement, and traffic enthusiasts,
I recently received a ticket for "FAIL TO YIELD TO PEDESTRIAN." I was stopped at a red light in the left lane, signalling to turn left. The light turned green and as I pulled into the intersection, a pedestrian on the left crosswalk began crossing in the opposite direction. As I approached the crosswalk to complete the left turn, the…
I received a ticket on Hwy 6 North in Guelph going 90 km/h in a posted 70 km/h zone. I was clocked at 110 km/h and the officer reduced it to 90 km/h.
I requested for disclosure back in February 8th , after I received notice of trial for March 8th. The disclosure package did not get mailed, and when I went to the court on the day of trial, the clerk informed me that she had just…
I was driving past the ACC today in heavy traffic trying to eventually make the turn to go right to start my trek onto the gardiner. I had my Phone in my lap I was using it for GPS when I hear a knock on my hood. A police officer was just walking through the gridlock traffic to see who was on their phone. He immediately asked me to roll down my…
My case is a pretty 'common' one, I suppose. Nevertheless, I would like to read ideas and do some brainstorming: yesterday, after going out for dinner (about 11:00 PM ET in Oshawa) and while driving back on King Street North I noticed a police patrol following me closely. I did not attempt to speed away or anything. I simply continued my driving observing all precautions. Upon…
Hi, I'm new to this site, everyone seem really helpful to new members here. So here goes nothing.
I'm a G2 driver, aged around 20ish, male.
I got a ticket at around noon at intersection Markham road and Progress ave while I was driving my mother to work. I was going southbound on Markham road, I was going at about 70-75, I saw the approaching light and it was turning yellow and I decided to run for…
I got a speeding ticket today while I was at a stand still.
I had to stop as there was an elderly gentleman walking accross the left lane I was in. I could clearly see the speed trap up the hill as well as the en-mass brake lights from the vehicles ahead. I then accelerated up the hill and watched the speedometer. I never went above 60KM/H, speed limit is 50 I know but I'm trying to be honest.…
I'm new to the forum, and i'm not in the greatest situation...
I remember seeing a bright flash early in the morning a few weeks ago, and today i got a letter in the mail saying i ran a red light.
The problem is that i dont own the car, its my moms, and if she finds out i got the $325 dollar ticket il gonna get killed. I was lucky enough to have checked the mail today, and intercepte the…
A couple nights ago I was driving in the rain. I was at a 3 way intersection waiting to make a left turn. When i got the advanced green (may have just been a green light) I went and I didn't see any pedestrians. I proceeded to go but at the very end of my turn I saw someone walking towards my car. I abruptly stopped and triggered my abs brakes. When that happened it was too late, the pedestrian…
I've searched for hours looking for a similar situation to mine on a number of forums, and I couldn't come up with anything close. I know I need to file for disclosure tomorrow (my court date is October 7th), and plan to do so regardless of what else I end up doing, but I could really use some help with this one.
I was arrested on private property after being watched and stalked for over two hours…
I was driving down a two lane road, in the left lane. As I approached a construction zone, the two lanes merged into one. There was a sign that said the right lane ends, BUT this sign was incorrect. It was the left lane that ended.
Unfortunately I was driving according to what the sign said, and improperly continued into the right lane. This lead to me almost colliding into a bus.
I was given a ticket fail to obey stop sign. I was too far back from the white line. He has it on video that I was not at the white line - but he could not see exactly how far behind the white line I was because a big pine tree was in the way. It was dark, and I have a black car.
There was a car in front of me that duped me because he stopped - then pulled forward and stopped again - he was…
I got a speeding ticket back in June which I pleaded not guilty to. My main reason being that the ticket states that I committed the offence of driving at 129 km/h in a posted 90 km/h. But it was on Hwy 400 and I know it is 100 km/h.
My court date has been set. Maybe I should have researched more because reading some of these threads I see that this is not a fatal error and can be corrected in…
Hi Guys, my court date is Sept 28, 2015. Need help on whether I should plea or not. I got no evidence that I had stopped and will just be representing my self. Cop says I was speeding and ran a red light on a right turn. Both cases I told the cop I was aware of my driving and came to a stop / wasn't speeding. He issues me a caution ticket for going 120km and a ticket for fail to stop red light.…
I just had an experience where I had a cyclist ride off of the sidewalk in front of my car at a corner. I managed to stop, she went by me. She was looking backwards screaming at me and lost her balance, mostly due to the grocery bags on her handle bars. She fell in the other lane. I got out to see if she was okay. She had a scraped knee, but was fine. She said she was okay so I left. The police…
