I live in the UK, and was on holiday in Ontario in May when I got pulled over and charged with this offence. Of course, I'd never heard of the law - but I reckon I was driving perfectly safely, having slowed down to pass the police officer, and pulled over as far as I could within my lane to give him plenty of safety space (it was on HW11, really wide lanes). There was other traffic in the outside lanes, so I did not feel it safe to move to the outside lane. So I was really suprised to get the ticket, and even more surprised when, having sent a letter of explanation with the challenge to the ticket, I am being asked to attend trial in August when I'm back in Canada. I will go and fight the case if I have to - but is it likely the prosecutor will withdraw before the date? Is there anything I can do to expedite that? Should I get a lawyer, or just trust to truth, justice and the Canadian way? If anyone can point me to info on court procedures, I'd be grateful (it didn't look like the summons was sent out by a capable person - wrong name, inaccurate charge details, incomplete address). Thanks!
I live in the UK, and was on holiday in Ontario in May when I got pulled over and charged with this offence. Of course, I'd never heard of the law - but I reckon I was driving perfectly safely, having slowed down to pass the police officer, and pulled over as far as I could within my lane to give him plenty of safety space (it was on HW11, really wide lanes). There was other traffic in the outside lanes, so I did not feel it safe to move to the outside lane.
So I was really suprised to get the ticket, and even more surprised when, having sent a letter of explanation with the challenge to the ticket, I am being asked to attend trial in August when I'm back in Canada.
I will go and fight the case if I have to - but is it likely the prosecutor will withdraw before the date? Is there anything I can do to expedite that? Should I get a lawyer, or just trust to truth, justice and the Canadian way? If anyone can point me to info on court procedures, I'd be grateful (it didn't look like the summons was sent out by a capable person - wrong name, inaccurate charge details, incomplete address).
Way to go, OPP! Make sure tourists (that spend a great deal of money in our Province) go back and spread the word about how risky it is to vacation in our "land of unique traffic laws". I live in a city that depends heavily on tourist dollars (Stratford, Ont.) and it is well known by the locals that our police department "looks the other way" when tourists fail to legally negotiate our quirky road networks and poorly designed intersections. It's apparent that municipal police officers have the ability to see the "big picture", and ticket accordingly. The OPP could care less about the economic health of the province. They've been instructed to GET TOUGH, and they are doing it. This "move-over" law is not common throughout the world, and yet we have the gaul to heavily fine tourists who have no way of knowing about it. If I didn't already live here, I would never come here. My dollars would be spent in a more "tourist-friendly" province (or country). Ontario drivers are currently suffering under an oppressive government and police commissioner who are aggressively ticketing "regular citizens" in a desperate (and misguided) attempt to save a few lives lost due to street racing over the past few years. You could call the Prosecutor at the courthouse listed on the back of your ticket. Explain that you DID slow down significantly but were unable to change lanes due to traffic conditions. Express your desire to have this ticket dismissed completely. He will likely counter with an offer of a reduced charge, such as "fail to obey sign", and a reduced fine. It's up to you whether you accept his offer, or proceed to seek advice from a traffic lawyer. Personally (if I could afford it) I would deal with a local lawyer familiar with the subject court and prosecutor. He can represent you completely, and you never have to attend the court. On behalf of Ontario, I apologize for your negative experience here. I hope you'll consider taking in a play at our world-famous Festival Theater some day. Stratford goes out of it's way to see that tourists are treated with the respect they deserve.
Way to go, OPP! Make sure tourists (that spend a great deal of money in our Province) go back and spread the word about how risky it is to vacation in our "land of unique traffic laws".
I live in a city that depends heavily on tourist dollars (Stratford, Ont.) and it is well known by the locals that our police department "looks the other way" when tourists fail to legally negotiate our quirky road networks and poorly designed intersections. It's apparent that municipal police officers have the ability to see the "big picture", and ticket accordingly. The OPP could care less about the economic health of the province. They've been instructed to GET TOUGH, and they are doing it.
This "move-over" law is not common throughout the world, and yet we have the gaul to heavily fine tourists who have no way of knowing about it. If I didn't already live here, I would never come here. My dollars would be spent in a more "tourist-friendly" province (or country). Ontario drivers are currently suffering under an oppressive government and police commissioner who are aggressively ticketing "regular citizens" in a desperate (and misguided) attempt to save a few lives lost due to street racing over the past few years.
You could call the Prosecutor at the courthouse listed on the back of your ticket. Explain that you DID slow down significantly but were unable to change lanes due to traffic conditions. Express your desire to have this ticket dismissed completely. He will likely counter with an offer of a reduced charge, such as "fail to obey sign", and a reduced fine. It's up to you whether you accept his offer, or proceed to seek advice from a traffic lawyer. Personally (if I could afford it) I would deal with a local lawyer familiar with the subject court and prosecutor. He can represent you completely, and you never have to attend the court.
On behalf of Ontario, I apologize for your negative experience here. I hope you'll consider taking in a play at our world-famous Festival Theater some day. Stratford goes out of it's way to see that tourists are treated with the respect they deserve.
It is just not Ontario that has this law of move over, it is a vast majority of USA as well. Municipal police and provincial police are the same...except the shoulder flash. OPP does police many municipal areas. Since we are provincial we are also mandated to the provincial hwys. Our local PD has it's own traffic unit (6 officers and a Sgt) and they hammer traffic all day all night...even more so than we do on the Provincial Hwy...so this statement of Municipal vs Provincial is false! Absolutely we have been told to get tough on drivers who do not obey this law. Out of all the laws we have, this is the top one. It costs taxpayers money to replace damaged cruisers, it costs officers their lives! A police officers life is not worth a driver's 60 seconds to move over and slow down! I treat every driver the same regardless of where the driver is from = ZERO tolerence!
It is just not Ontario that has this law of move over, it is a vast majority of USA as well.
Municipal police and provincial police are the same...except the shoulder flash. OPP does police many municipal areas. Since we are provincial we are also mandated to the provincial hwys. Our local PD has it's own traffic unit (6 officers and a Sgt) and they hammer traffic all day all night...even more so than we do on the Provincial Hwy...so this statement of Municipal vs Provincial is false!
Absolutely we have been told to get tough on drivers who do not obey this law. Out of all the laws we have, this is the top one. It costs taxpayers money to replace damaged cruisers, it costs officers their lives! A police officers life is not worth a driver's 60 seconds to move over and slow down!
I treat every driver the same regardless of where the driver is from = ZERO tolerence!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
My opinion is based on my own observations. I've had the pleasure of meeting about 20 different officers on the side of the road, over 30 years of driving. I have always been treated civilly by our local PD. But I have personally witnessed a total lack of self control from 3 separate OPP officers, one of which I seriously question his mental stability. Being somewhat of a "backyard psychologist", I reason it this way: The local cops are more likely to feel "part of the community as a whole". The guy he gives a ticket to today may be in line with him at the bank tomorrow. But the OPP are likely to never see their "perps" again. It's a much less "personal" experience out there on the highways, so it's much easier to vent on some poor sap who dared to defy some statue or question some command. I think that's becoming the norm for most traffic enforcement officers. It's a shame. This man didn't even know about the law and yet he still slowed down and moved over to the left-most part of his lane. He felt quite certain he had taken sufficient steps to see that he provided a measure of safety that the stopped officer deserved. Personally, I think he should have been thanked, not ticketed. And why does this law not apply to a regular citizen out there changing a flat tire on the side of the road. I guess we're not as important. Much like the original poster of this thread, I take steps to improve safety when passing ANY stopped vehicle. So I can sympathize with him. I don't believe this is the type of driver that is plowing in to the back of cruisers on the side of the road. On a side note: I spent a good part of Saturday on the 401 between Kitchener and Toronto. I couldn't help but notice that the right lane was frequently empty of cars! I think most folks ARE aware of this law and they have adapted by staying out of the right lane ALL TOGETHER. I found it very odd to find myself in the right lane with no cars in front of me, while the left two lanes were packed!
hwybear wrote:
...so this statement of Municipal vs Provincial is false!
My opinion is based on my own observations. I've had the pleasure of meeting about 20 different officers on the side of the road, over 30 years of driving. I have always been treated civilly by our local PD. But I have personally witnessed a total lack of self control from 3 separate OPP officers, one of which I seriously question his mental stability.
Being somewhat of a "backyard psychologist", I reason it this way: The local cops are more likely to feel "part of the community as a whole". The guy he gives a ticket to today may be in line with him at the bank tomorrow. But the OPP are likely to never see their "perps" again. It's a much less "personal" experience out there on the highways, so it's much easier to vent on some poor sap who dared to defy some statue or question some command.
hwybear wrote:
I treat every driver the same regardless of where the driver is from = ZERO tolerence!
I think that's becoming the norm for most traffic enforcement officers. It's a shame. This man didn't even know about the law and yet he still slowed down and moved over to the left-most part of his lane. He felt quite certain he had taken sufficient steps to see that he provided a measure of safety that the stopped officer deserved. Personally, I think he should have been thanked, not ticketed.
And why does this law not apply to a regular citizen out there changing a flat tire on the side of the road. I guess we're not as important.
Much like the original poster of this thread, I take steps to improve safety when passing ANY stopped vehicle. So I can sympathize with him. I don't believe this is the type of driver that is plowing in to the back of cruisers on the side of the road.
On a side note: I spent a good part of Saturday on the 401 between Kitchener and Toronto. I couldn't help but notice that the right lane was frequently empty of cars! I think most folks ARE aware of this law and they have adapted by staying out of the right lane ALL TOGETHER. I found it very odd to find myself in the right lane with no cars in front of me, while the left two lanes were packed!
I couldn't help but notice that the right lane was frequently empty of cars! I think most folks ARE aware of this law and they have adapted by staying out of the right lane ALL TOGETHER. I found it very odd to find myself in the right lane with no cars in front of me, while the left two lanes were packed!
that's b/c you were driving this...
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
lol, imagine driving that! _____________________________ Roger101 Btw, you would probably want an experienced Paralegal to advise and help you out with this ticket. Not a lawyer, since most lawyers dont handle traffic tickets, actually none that I know of in Ontario. Paralegals will do a great job. To be referred to a Paralegal by this site, simply fill out the form at the bottom of the page. Good luck on your traffic ticket.
lol, imagine driving that!
_____________________________
Roger101 Btw, you would probably want an experienced Paralegal to advise and help you out with this ticket.
Not a lawyer, since most lawyers dont handle traffic tickets, actually none that I know of in Ontario.
Paralegals will do a great job. To be referred to a Paralegal by this site, simply fill out the form at the bottom of the page.
roger101, Your charge should be considered a "strict liability" offence which means your defence should be one of reasonable care. Strict liability offences cannot convict a morally innocent person. This is different than an "absolute liability" offence which does not care what excuse you have, if you broke the law then you are guilty. Your charge under 159.1(1) of the Highway Traffic Act says you must slow down, and if possible change lanes. It sounds like you tried to do this. Prior to trial, request disclosure. You should have a notice of trial with the address of the court where you can send a disclosure request. Ask for everything that will be used in evidence against you and, without limiting this general request, also ask for: a full copy of the police officers notes; a copy of both sides of the officers copy of the ticket (Notice of Offence); a typed version of any hand written notes; witness will say statements; witness statements; any statements made by the defendant; and copies of the original notes of such statements. In order to convict you, the officer has to testify that you didn't slow down and that you didn't change lanes. Disclosure will allow you to find out what he's going to say and what you said to him (hopefully nothing). Your defence is that you believed you were slowing down and trying to change lanes. Whether you did or not is immaterial in strict liability offences. You don't have a lot of time...August is pretty quick for a trial. Just curious, where did you get the ticket?
roger101, Your charge should be considered a "strict liability" offence which means your defence should be one of reasonable care. Strict liability offences cannot convict a morally innocent person. This is different than an "absolute liability" offence which does not care what excuse you have, if you broke the law then you are guilty.
Your charge under 159.1(1) of the Highway Traffic Act says you must slow down, and if possible change lanes. It sounds like you tried to do this.
Prior to trial, request disclosure. You should have a notice of trial with the address of the court where you can send a disclosure request. Ask for everything that will be used in evidence against you and, without limiting this general request, also ask for:
a full copy of the police officers notes;
a copy of both sides of the officers copy of the ticket (Notice of Offence);
a typed version of any hand written notes;
witness will say statements;
witness statements;
any statements made by the defendant; and
copies of the original notes of such statements.
In order to convict you, the officer has to testify that you didn't slow down and that you didn't change lanes. Disclosure will allow you to find out what he's going to say and what you said to him (hopefully nothing). Your defence is that you believed you were slowing down and trying to change lanes. Whether you did or not is immaterial in strict liability offences.
You don't have a lot of time...August is pretty quick for a trial. Just curious, where did you get the ticket?
As long as you're not a "Back Door Psychologist".......... The officer could have exersized "Diplomatic Discression" on this one..... Thats my 3 cents, 1 cent for GST+PST
Being somewhat of a "backyard psychologist",
As long as you're not a "Back Door Psychologist"..........
Make sure tourists (that spend a great deal of money in our Province) go back and spread the word about how risky it is to vacation in our "land of unique traffic laws".
The officer could have exersized "Diplomatic Discression" on this one.....
Thats my 3 cents, 1 cent for GST+PST
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
I don't know what they would charge, but it can also save you the hassle of doing all the work yourself. I think they would charge you a fair price. You can fill out the form at the bottom of the page for a traffic ticket paralegal to contact you.
I don't know what they would charge, but it can also save you the hassle of doing all the work yourself. I think they would charge you a fair price.
You can fill out the form at the bottom of the page for a traffic ticket paralegal to contact you.
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
