Hello, I looking for any help and/or advice for my situation. I have been driving for 22yrs and have never lost 1 point on my licence and never any accidents. Only thing I ever had was an outdated sticker fine. I am a slow and cautious driver. I was driving in southern ont. on a 4 lane (2+2) hwy. I crested a hill, at the bottom exactly 1km away were flashing lights, not on the shoulder but on a median directly beside the shoulder, thought it was a tow truck waiting, as I got closer realized it was an suv opp cruiser x2, checked my mirrors and blind spot, 3 cars in passing lane going much faster than me, neareset one very close to me, I decided it was not safe to change lane, might get rear ended. So I proceeded safely by. Officer jumped on me right away. I was shocked when he explained the ticket, I told him that I could not change lanes due to vehicles too close. He insisted I could have. I am 100% innocent and very upset over this ticket. I am going to take this to court and fight it. I cannot afford any legal help. I am looking for any advice and/or experiences from anyone concerning this subject. I thank you in advance and your help is definitely appreciated.
Hello, I looking for any help and/or advice for my situation. I have been driving for 22yrs and have never lost 1 point on my licence and never any accidents. Only thing I ever had was an outdated sticker fine. I am a slow and cautious driver.
I was driving in southern ont. on a 4 lane (2+2) hwy. I crested a hill, at the bottom exactly 1km away were flashing lights, not on the shoulder but on a median directly beside the shoulder, thought it was a tow truck waiting, as I got closer realized it was an suv opp cruiser x2, checked my mirrors and blind spot, 3 cars in passing lane going much faster than me, neareset one very close to me, I decided it was not safe to change lane, might get rear ended. So I proceeded safely by. Officer jumped on me right away. I was shocked when he explained the ticket, I told him that I could not change lanes due to vehicles too close. He insisted I could have.
I am 100% innocent and very upset over this ticket. I am going to take this to court and fight it. I cannot afford any legal help. I am looking for any advice and/or experiences from anyone concerning this subject. I thank you in advance and your help is definitely appreciated.
You and everyone else on the road travelling in that direction were obliged to proceed with caution (slow down) and move over one lane if it could be safely done. If something can be safely done may be up for debate but did you make any effort to proceed with caution? If you testify that you saw the lights flashing 1 km away but could not differentiate a service vehicle (orange flashing lights) from an emergency vehicle (red/blue flashing lights) you will be surely convicted. Arguing that you had no opportunity to move over for 1 km will not get you far considering most merge lanes on a highway are not more than 200 meters. Post the officers notes when you get them.
You and everyone else on the road travelling in that direction were obliged to proceed with caution (slow down) and move over one lane if it could be safely done. If something can be safely done may be up for debate but did you make any effort to proceed with caution? If you testify that you saw the lights flashing 1 km away but could not differentiate a service vehicle (orange flashing lights) from an emergency vehicle (red/blue flashing lights) you will be surely convicted. Arguing that you had no opportunity to move over for 1 km will not get you far considering most merge lanes on a highway are not more than 200 meters.
I agree I should be able to differentiate between a service vehicle and police/emergency vehicle. I decided I should pull over probably 200m before I passed. However I am a slow driver, was going 90km in a 90km zone. The vehicles in the passing lane were traveling much faster than I (estimate between 100-120km). I feel it was unsafe to merge, rather safer to pass safely by, which I did. I do not know if this makes me innocent in the eyes of the law? Perhaps not. Should I plead guilty, and ask for the courts mercy, or plead innocent, noting the above? I have not received notes as I have not replied to the ticket as yet.
I agree I should be able to differentiate between a service vehicle and police/emergency vehicle. I decided I should pull over probably 200m before I passed. However I am a slow driver, was going 90km in a 90km zone. The vehicles in the passing lane were traveling much faster than I (estimate between 100-120km). I feel it was unsafe to merge, rather safer to pass safely by, which I did. I do not know if this makes me innocent in the eyes of the law? Perhaps not. Should I plead
guilty, and ask for the courts mercy, or plead innocent, noting the above? I have not received notes as I have not replied to the ticket as yet.
But who is going to protect us from Tow Truck drivers? http://www.thestar.com/news/queenspark/ ... ustry.html
hwybear wrote:
New this spring, tow trucks are included in move over law....
But who is going to protect us from Tow Truck drivers?
MacCharles said besides this "dubious" behaviour, tow truck drivers have an extraordinarily high collision rate, 20 per cent compared to 1 per cent for other commercial vehicles.
I have a court date end of june.....have asked for disclosure...however I have not received it yet and the court date is next week. Will it get thrown out if they do not provide it?
I have a court date end of june.....have asked for disclosure...however I have not received it yet and the court date is next week. Will it get thrown out if they do not provide it?
Hi I have a question. If you are traveling on the left most lane - and it is unsafe to make the lane change to the right (okay of course that is debatable but say it was nighttime, the lights obscured your view and you thought there was a car in the right lane and to make the lane change you would have to speed above max speed limit which you were already traveling at), so is it wrong to slow down, try to pull to the next curb i.e. left sided curb wait for it to pass and then move to the right? The emergency vehicle is moving very fast behind you and there is no time nor is it safe to move to the right. I feel if the emergency vehicle REARS END you it should be their fault right? Obviously if you were speeding or not stopping but if you were trying to slow down and stop and move to a curb, is it your fault? If you did not receive a ticket for this, would insurance find you at fault?
Hi I have a question. If you are traveling on the left most lane - and it is unsafe to make the lane change to the right (okay of course that is debatable but say it was nighttime, the lights obscured your view and you thought there was a car in the right lane and to make the lane change you would have to speed above max speed limit which you were already traveling at), so is it wrong to slow down, try to pull to the next curb i.e. left sided curb wait for it to pass and then move to the right? The emergency vehicle is moving very fast behind you and there is no time nor is it safe to move to the right.
I feel if the emergency vehicle REARS END you it should be their fault right? Obviously if you were speeding or not stopping but if you were trying to slow down and stop and move to a curb, is it your fault?
If you did not receive a ticket for this, would insurance find you at fault?
#1 you should only be temporarily in the left most lane in order to pass vehicles to your right. At no point should you be "travelling" in the left most lane unsure of whether there are vehicles to your right. You should have heard the sirens and seen the emergency lights well before they were right on top of you. For me this spells out very poor situational awareness from the driver. http://www.e-laws.gov.on.ca/html/statut ... .htm#BK239 Most emergency vehicles expect you to drive predictably, reading HTA S159(1) moving to the right or stopping on the left curb on a freeway is acceptable. In other countries vehicles literally mount the curb in order to give way to emergency vehicles: https://youtu.be/Z_Tl3G4sDPs?t=40s
#1 you should only be temporarily in the left most lane in order to pass vehicles to your right. At no point should you be "travelling" in the left most lane unsure of whether there are vehicles to your right. You should have heard the sirens and seen the emergency lights well before they were right on top of you. For me this spells out very poor situational awareness from the driver.
Most emergency vehicles expect you to drive predictably, reading HTA S159(1) moving to the right or stopping on the left curb on a freeway is acceptable.
Germany: https://www.youtube.com/watch?v=02Ak1eIyj3M For the most part, the drivers left a wide open channel. That would never happen here. "This is MY lane dammit!" Also note there was no rubbernecking by drivers on the other side of the Autobahn staring at the Feuerwehr (firefighters) or Polizei (police).
For the most part, the drivers left a wide open channel. That would never happen here. "This is MY lane dammit!" Also note there was no rubbernecking by drivers on the other side of the Autobahn staring at the Feuerwehr (firefighters) or Polizei (police).
* 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
Are they not supposed to be aware of their surroundings too? Like even if someone doesn't react fast enough if bad lighting or weather whatever to make the lane switch right away, they shouldn't ram into a vehicle unless they were sure they were already in the other lane? That seems like negligence on the emergency vehicle who should also drive at a higher standard than normal rules because they are (legally) disobeying usual traffic laws. Because they are expected to get to an emergency situation, should they not be more aware of their surroundings and not just EXPECT other people to do as told when there are other factors at play like not being able to maneuver as quickly as they are trained to do?
Are they not supposed to be aware of their surroundings too? Like even if someone doesn't react fast enough if bad lighting or weather whatever to make the lane switch right away, they shouldn't ram into a vehicle unless they were sure they were already in the other lane? That seems like negligence on the emergency vehicle who should also drive at a higher standard than normal rules because they are (legally) disobeying usual traffic laws.
Because they are expected to get to an emergency situation, should they not be more aware of their surroundings and not just EXPECT other people to do as told when there are other factors at play like not being able to maneuver as quickly as they are trained to do?
Actually according to (2) when on a roadway having more than two lanes for traffic and designated for the use of one-way traffic, as near as is practicable to the nearest curb or edge of the roadway and parallel therewith and clear of any intersection. 2009, c. 5, s. 49. So you could move to the right OR left. Right if it's SAFE to do so, and if not safe, then left if there is not enough time. They still shouldn't rear end you. It's not like day one they have dealt with people reacting to them coming. It's not ILLEGAL to drive in the left lane - you can't even get a ticket for simply being in a left lane otherwise. That is so stupid - breaking laws to let emergency vehicles pass like driving on non-roads. That's putting yourself at danger so now the EMS has to go save your life too. The whole point of clearing is to be safe - if you do stupid things like that or do unsafe lane changes to "clear way" it's counter productive, you're just creating more accidents.
Actually according to (2) when on a roadway having more than two lanes for traffic and designated for the use of one-way traffic, as near as is practicable to the nearest curb or edge of the roadway and parallel therewith and clear of any intersection. 2009, c. 5, s. 49.
So you could move to the right OR left. Right if it's SAFE to do so, and if not safe, then left if there is not enough time. They still shouldn't rear end you. It's not like day one they have dealt with people reacting to them coming. It's not ILLEGAL to drive in the left lane - you can't even get a ticket for simply being in a left lane otherwise.
That is so stupid - breaking laws to let emergency vehicles pass like driving on non-roads. That's putting yourself at danger so now the EMS has to go save your life too.
The whole point of clearing is to be safe - if you do stupid things like that or do unsafe lane changes to "clear way" it's counter productive, you're just creating more accidents.
No one on here claimed it was okay for emergency vehicles to slam into others. You can absolutely get ticketed for driving in the left lane if you are either moving slower than the speed of other vehicles, or if a faster-moving vehicle is approaching from behind and wants to pass. See section 147 and 148 (1) and (2) of the Highway Traffic Act. And then there's the signs "slower traffic keep right" and "keep right except to pass," which are official signs and you can also get ticketed for not complying. No one said to make an unsafe lane change or to put your vehicle into the ditch at high speed. What iFly55 was saying is that you need to be aware of your surroundings so that you know if it is safe to change to the right or not, and if you're just "guessing" if there's a vehicle there, you're not paying attention. If there is a vehicle there, don't change lanes in to it. iFly55 said that in other countries, people will pull up on the curb if necessary. In his video, or in the one I showed, how many people getting out of the way crashed? None. Slowly pulling your vehicle onto the curb or shoulder where there's nowhere else to go is neither breaking the law, nor is it unsafe. Come on.
flyingfree234 wrote:
They still shouldn't rear end you.
No one on here claimed it was okay for emergency vehicles to slam into others.
flyingfree234 wrote:
It's not ILLEGAL to drive in the left lane - you can't even get a ticket for simply being in a left lane otherwise.
You can absolutely get ticketed for driving in the left lane if you are either moving slower than the speed of other vehicles, or if a faster-moving vehicle is approaching from behind and wants to pass. See section 147 and 148 (1) and (2) of the Highway Traffic Act. And then there's the signs "slower traffic keep right" and "keep right except to pass," which are official signs and you can also get ticketed for not complying.
flyingfree234 wrote:
The whole point of clearing is to be safe - if you do stupid things like that or do unsafe lane changes to "clear way" it's counter productive, you're just creating more accidents
No one said to make an unsafe lane change or to put your vehicle into the ditch at high speed. What iFly55 was saying is that you need to be aware of your surroundings so that you know if it is safe to change to the right or not, and if you're just "guessing" if there's a vehicle there, you're not paying attention. If there is a vehicle there, don't change lanes in to it. iFly55 said that in other countries, people will pull up on the curb if necessary. In his video, or in the one I showed, how many people getting out of the way crashed? None.
flyingfree234 wrote:
That is so stupid - breaking laws to let emergency vehicles pass like driving on non-roads. That's putting yourself at danger so now the EMS has to go save your life too.
Slowly pulling your vehicle onto the curb or shoulder where there's nowhere else to go is neither breaking the law, nor is it unsafe. Come on.
* 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
Um yeah driving on NON roads i.e. actual curbs is against the law. If EMS and emergency vehicles wanna do it, fine, but if a civilian does it then they will get ticketed for sure. That's just being stupid and if your car flips because you aren't doing what you legally are allowed to do then um yeah, you're totally responsible for it. So maybe don't break the law in the first place? And who said you were driving slower? If you are driving at MAX speed in the left lane, you can't exactly be ticketed because if you drive any faster, you're breaking the law by speeding. So where are you supposed to go? 1) Drive faster - illegal 2) Lane change UNSAFELY into a car that already is in the right lane - cause a crash from unsafe lane change - cause more accidents, break laws, um no 3) As the highway act says, SLOW down and try to pull to the left curb - yes pull TO the left curb, not ON the curb and cause your car to flip because that's actually not what you were trained to do - you're not a stunt driver. If it's nighttime and you don't have a good view of the right lane because there is not enough time to react before that vehicle wants to slam onto your car, then yeah I think it's safer not to just randomly slide into the next lane and hit another car. Because then you would be 100% breaking the law and involving more innocent people.
Um yeah driving on NON roads i.e. actual curbs is against the law. If EMS and emergency vehicles wanna do it, fine, but if a civilian does it then they will get ticketed for sure. That's just being stupid and if your car flips because you aren't doing what you legally are allowed to do then um yeah, you're totally responsible for it. So maybe don't break the law in the first place?
And who said you were driving slower? If you are driving at MAX speed in the left lane, you can't exactly be ticketed because if you drive any faster, you're breaking the law by speeding. So where are you supposed to go? 1) Drive faster - illegal 2) Lane change UNSAFELY into a car that already is in the right lane - cause a crash from unsafe lane change - cause more accidents, break laws, um no 3) As the highway act says, SLOW down and try to pull to the left curb - yes pull TO the left curb, not ON the curb and cause your car to flip because that's actually not what you were trained to do - you're not a stunt driver.
If it's nighttime and you don't have a good view of the right lane because there is not enough time to react before that vehicle wants to slam onto your car, then yeah I think it's safer not to just randomly slide into the next lane and hit another car. Because then you would be 100% breaking the law and involving more innocent people.
You are right in the sense that the correct thing to do is to pull to the curb in almost all cases... HOWEVER... PASSING off the road is illegal. Pulling the vehicle on to the curb and stopping until the fire truck or ambulance passes you is not illegal in a situation like this. Please quote the section of the Highway Traffic Act that says it is illegal to pull onto the curb to clear the way for an emergency vehicle. Oh that's right, you can't, because it doesn't exist. Read my post again, and also the Highway Traffic Act. It doesn't matter what speed you are driving at - if there is faster moving traffic, you must move to the right. There is no exception given if you are at the speed limit. If you got in the left lane and you weren't passing other traffic, there was no reason for you to be there in the first place, unless you're about to turn left. I'll be very clear: You're required to move right at the first safe opportunity, not just wildly change lanes or stay right where you are, when faster moving traffic approaches. If an emergency vehicle is coming up, you can move left or right. I'll cut-and-paste from above: Yes you are supposed to pull to the curb, if that gets you out of the way. If pulling to the curb won't create enough room, slowly pulling on to the curb is not dangerous nor will it get you ticketed. Slowly pulling your vehicle onto the curb will absolutely not cause it to flip, sorry. I've done it before to get out of the way, when there was nowhere else to go. Bringing one edge of the vehicle up 4 inches is not going to offset its centre of gravity, even if it's a transport truck. Your statement above is hysterical nonsense. You're not dealing with people who have no driver experience, so cut the hyperbole. Again, you're resorting to over-the-top exaggeration. And again, for emphasis NO ONE, MYSELF INCLUDED, SAID TO CHANGE LANES INTO OTHER VEHICLES. You put those words in our mouths. If you're trying to make a point by doing so, you're not helping your case. It's pretty simple: Pay attention to what's behind you. I've never had an emergency vehicle come rocketing up behind me to the point I thought I was going to be rear-ended. That's because I watch my rear-view mirrors and also realize I'm sharing the road with other people, including first responders who have to get places quickly. If you suddenly find an emergency vehicle behind you and it came out of nowhere, you weren't watching the road. I always also know if there are vehicles left or right of me, because I'm also paying attention to that. I can do it, you can do it. I've been on this forum a long time. I've dealt with literally hundreds of traffic ticket cases and I've got over 20 years of driver experience. This above statement is only true if you were attempting to pass other vehicles while driving off the roadway. Pulling off the road when getting to the curb wasn't giving enough room is not going to result in a ticket. And I'd rather put my car at 20 km/h or less onto the curb or shoulder and then slow to a stop to get those first responders past me (again, where there's nowhere to go) than have them try to go down the sidewalk or on the grass at a higher speed.
You are right in the sense that the correct thing to do is to pull to the curb in almost all cases... HOWEVER...
flyingfree234 wrote:
Um yeah driving on NON roads i.e. actual curbs is against the law.
PASSING off the road is illegal. Pulling the vehicle on to the curb and stopping until the fire truck or ambulance passes you is not illegal in a situation like this. Please quote the section of the Highway Traffic Act that says it is illegal to pull onto the curb to clear the way for an emergency vehicle. Oh that's right, you can't, because it doesn't exist.
flyingfree234 wrote:
If you are driving at MAX speed in the left lane, you can't exactly be ticketed because if you drive any faster, you're breaking the law by speeding.
Read my post again, and also the Highway Traffic Act. It doesn't matter what speed you are driving at - if there is faster moving traffic, you must move to the right. There is no exception given if you are at the speed limit. If you got in the left lane and you weren't passing other traffic, there was no reason for you to be there in the first place, unless you're about to turn left. I'll be very clear: You're required to move right at the first safe opportunity, not just wildly change lanes or stay right where you are, when faster moving traffic approaches. If an emergency vehicle is coming up, you can move left or right.
flyingfree234 wrote:
So where are you supposed to go? 1) Drive faster - illegal 2) Lane change UNSAFELY into a car that already is in the right lane - cause a crash from unsafe lane change - cause more accidents, break laws, um no
I'll cut-and-paste from above:
No one said to make an unsafe lane change or to put your vehicle into the ditch at high speed. What iFly55 was saying is that you need to be aware of your surroundings so that you know if it is safe to change to the right or not, and if you're just "guessing" if there's a vehicle there, you're not paying attention. If there is a vehicle there, don't change lanes in to it.
flyingfree234 wrote:
3) As the highway act says, SLOW down and try to pull to the left curb - yes pull TO the left curb, not ON the curb and cause your car to flip because that's actually not what you were trained to do - you're not a stunt driver.
Yes you are supposed to pull to the curb, if that gets you out of the way. If pulling to the curb won't create enough room, slowly pulling on to the curb is not dangerous nor will it get you ticketed. Slowly pulling your vehicle onto the curb will absolutely not cause it to flip, sorry. I've done it before to get out of the way, when there was nowhere else to go. Bringing one edge of the vehicle up 4 inches is not going to offset its centre of gravity, even if it's a transport truck. Your statement above is hysterical nonsense. You're not dealing with people who have no driver experience, so cut the hyperbole.
flyingfree234 wrote:
Because then you would be 100% breaking the law and involving more innocent people.
Again, you're resorting to over-the-top exaggeration. And again, for emphasis NO ONE, MYSELF INCLUDED, SAID TO CHANGE LANES INTO OTHER VEHICLES. You put those words in our mouths. If you're trying to make a point by doing so, you're not helping your case.
It's pretty simple: Pay attention to what's behind you. I've never had an emergency vehicle come rocketing up behind me to the point I thought I was going to be rear-ended. That's because I watch my rear-view mirrors and also realize I'm sharing the road with other people, including first responders who have to get places quickly. If you suddenly find an emergency vehicle behind you and it came out of nowhere, you weren't watching the road. I always also know if there are vehicles left or right of me, because I'm also paying attention to that. I can do it, you can do it.
flyingfree234 wrote:
If EMS and emergency vehicles wanna do it, fine, but if a civilian does it then they will get ticketed for sure.
I've been on this forum a long time. I've dealt with literally hundreds of traffic ticket cases and I've got over 20 years of driver experience. This above statement is only true if you were attempting to pass other vehicles while driving off the roadway. Pulling off the road when getting to the curb wasn't giving enough room is not going to result in a ticket. And I'd rather put my car at 20 km/h or less onto the curb or shoulder and then slow to a stop to get those first responders past me (again, where there's nowhere to go) than have them try to go down the sidewalk or on the grass at a higher speed.
* 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
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
Actually what that biker is a douche and what he is doing in the video is illegal (at least in the UK) I know people who do that, and I've seen cars CUT up people who do. Your not supposed to follow an emergency vehicle like that, in the UK its a fine and points, HERE, that I don't know BUt it sounded like that vid was in Australia
Actually what that biker is a douche and what he is doing in the video is illegal (at least in the UK)
I know people who do that, and I've seen cars CUT up people who do.
Your not supposed to follow an emergency vehicle like that, in the UK its a fine and points,
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
It's illegal here, too. You must maintain a minimum following distance of 150 metres.
bobajob wrote:
HERE, that I don't know
It's illegal here, too. You must maintain a minimum following distance of 150 metres.
* 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
Enforcement officers have to be pragmatic when it comes to enforcing laws while they're en-route to an emergency. What's more important? Driving as quickly and safely as possible to a emergency (ie. home invasion, armed robbery, hospital, school hostage)... or stopping you for going 105 in a 100 zone? There are plenty of decisions on CanLII where the courts and enforcement officers under oath belittle the 100km/h posted limit. R. v. Cianchino, 2010 ONCJ 298 (CanLII) R. v. Araujo, 2008 ONCJ 507 (CanLII) I recommend flyingfree234 read R. v. Cianchino; it sort of parallels his strange emergency situation where a vehicle in excess of the speed limit rear-ends a car going slower than the limit. Slower car was charged with careless driving and just survived it by the skin of his teeth in court. There's no way he escaped liability from the insurance after that exhaustive police investigation.
Enforcement officers have to be pragmatic when it comes to enforcing laws while they're en-route to an emergency.
What's more important? Driving as quickly and safely as possible to a emergency (ie. home invasion, armed robbery, hospital, school hostage)... or stopping you for going 105 in a 100 zone?
There are plenty of decisions on CanLII where the courts and enforcement officers under oath belittle the 100km/h posted limit.
[1] In this regulatory proceeding, Adam Cianchino, the defendant, has been charged with committing the offence of careless driving, contrary to s. 130 of the Highway Traffic Act, R.S.O. 1990, c. H.8 ("H.T.A."), after a pickup truck travelling at 112 k.p.h. collided into the rear of the defendants motor vehicle, which had been travelling at approximately 50 k.p.h., a speed much slower than the posted speed limit of 100 k.p.h. for the highway that those two vehicles were on. As such, the prosecution contends that the defendants conduct in driving his motor vehicle at this significantly slower speed fell below the standard of what a prudent and reasonable driver would have done in the same circumstances, and that this specific form of driving conduct engaged in by the defendant forms the basis for establishing the offence of careless driving.
(h) Speed of traffic on the 407 ETR highway
[139] For evidence on the speed of the traffic that evening, Jason Kaye testified he had been travelling at the speed limit of 100 k.p.h. as well as travelling at the same speed as the traffic around him. Kaye also said he been following the pickup truck for awhile at a distance of 100 meters behind it. The CDR device in the pickup truck recorded that the speed of the pickup truck had been 119 k.p.h. five seconds before the collision and at 112 k.p.h. one second before the collision, which is when the pickup truck would have just entered the slow lane. Accordingly, it would not be unreasonable to surmise that traffic had been moving at 105 to 115 k.p.h. at the time of the collision for the conditions that night.
Const. Vander Mark: Well he was passing vehicles. Any time there's that great of a speed discrepancy, you know, I'm not na¯ve, I understand that not everybody on the QEW is not doing 100 kilometers an hour, but I also understand that 167 is far in excess of anything that's even close to being acceptable or accepted out there. So he would obviously be affecting other vehicles. He's passing all the other vehicles on the road.
I recommend flyingfree234 read R. v. Cianchino; it sort of parallels his strange emergency situation where a vehicle in excess of the speed limit rear-ends a car going slower than the limit. Slower car was charged with careless driving and just survived it by the skin of his teeth in court. There's no way he escaped liability from the insurance after that exhaustive police investigation.
Hey if you want to move your car off centre of gravity that is your choice. There is no way to prove that anyone was NOT going to make a left turn and until it is safe, pulling onto the curb is stupid and no law also says that you MUST or are obligated to do it. If you want to prove you're a stunt driver and want to be a cowboy, go for it, but it is not a requirement of law, find me the line in the Highway act that says you MUST pull onto the curb. Please quote. Just as totally responsible it is to ram your emergency vehicle into other people's cars? I love how biased you are being. Because driving an emergency vehicle means you are not supposed to keep a safe distance? There are safe and unsafe drivers out there - it's not the first time they've seen that and it doesn't mean they are supposed to just PRESUME they have right of way and charge ahead. EVEN IF other people are wrong, it doesn't make it right to ram into other people's vehicles. I love how people keep focusing on how people should go on curbs, still yet ignoring that maybe we shouldn't rear end other people. Because rear ending other people actually delays you more SURPRISE from getting to an emergency. If anything, you should be MORE vigilant and the safest more responsible emergency drivers practice that. Read up cases TONS of them. SURPRISE emergency vehicle drivers are humans too and make mistakes too and CAN and HAVE gotten ticketed, charged, and killed people through negligence. You presuming that just because it didn't happen to you doesn't mean it can never happen - that's naive and absurd. And of course after I make valid points, there is "nothing more to say". Of course. Anyway just remember to stand by your points the next time some emergency vehicle driver without a conscious regard for you or your loved ones on the road puts their lives at risk to get to another emergency. If every emergency driver acted like that, who would be left to clean up their messes?
Hey if you want to move your car off centre of gravity that is your choice. There is no way to prove that anyone was NOT going to make a left turn and until it is safe, pulling onto the curb is stupid and no law also says that you MUST or are obligated to do it. If you want to prove you're a stunt driver and want to be a cowboy, go for it, but it is not a requirement of law, find me the line in the Highway act that says you MUST pull onto the curb. Please quote.
Just as totally responsible it is to ram your emergency vehicle into other people's cars? I love how biased you are being. Because driving an emergency vehicle means you are not supposed to keep a safe distance? There are safe and unsafe drivers out there - it's not the first time they've seen that and it doesn't mean they are supposed to just PRESUME they have right of way and charge ahead. EVEN IF other people are wrong, it doesn't make it right to ram into other people's vehicles. I love how people keep focusing on how people should go on curbs, still yet ignoring that maybe we shouldn't rear end other people.
Because rear ending other people actually delays you more SURPRISE from getting to an emergency. If anything, you should be MORE vigilant and the safest more responsible emergency drivers practice that. Read up cases TONS of them. SURPRISE emergency vehicle drivers are humans too and make mistakes too and CAN and HAVE gotten ticketed, charged, and killed people through negligence. You presuming that just because it didn't happen to you doesn't mean it can never happen - that's naive and absurd.
And of course after I make valid points, there is "nothing more to say". Of course. Anyway just remember to stand by your points the next time some emergency vehicle driver without a conscious regard for you or your loved ones on the road puts their lives at risk to get to another emergency. If every emergency driver acted like that, who would be left to clean up their messes?
Last edited by flyingfree234 on Mon Mar 23, 2015 5:00 pm, edited 1 time in total.
And that case is completely irrelevant and parallels nothing. There is no guidance for those rules - so a reasonable driver can not be expected to keep speeding ahead. If you've ever taken a driving exam (obviously you need a refresher), it's OBVIOUSLY wrong to keep speeding ahead of an emergency vehicle. That does not make any sense even if you are trying to switch lanes. Again, asking people to break laws and Ontario highway traffic act is irresponsible on the Internet and bad form. At the end of the day, rear end is rear end. People should always pay attention to what is ahead of them and not ram their vehicles into other vehicles ahead. Just because there is an emergency doesn't mean you should put the lives of other innocent people on the road at risk. What if it's an elderly person or vulnerable population in the car? No reasonable emergency driver does that. If I or a loved one had an emergency, I would want the person coming to my rescue being a level headed calm person who can deal with acute situations without putting anyone else's life at risk. If they can't handle that and make careless moves on the road to get to me, maybe their judgement when handling my acute situation won't be optimal either.
And that case is completely irrelevant and parallels nothing. There is no guidance for those rules - so a reasonable driver can not be expected to keep speeding ahead. If you've ever taken a driving exam (obviously you need a refresher), it's OBVIOUSLY wrong to keep speeding ahead of an emergency vehicle. That does not make any sense even if you are trying to switch lanes. Again, asking people to break laws and Ontario highway traffic act is irresponsible on the Internet and bad form.
At the end of the day, rear end is rear end. People should always pay attention to what is ahead of them and not ram their vehicles into other vehicles ahead. Just because there is an emergency doesn't mean you should put the lives of other innocent people on the road at risk. What if it's an elderly person or vulnerable population in the car? No reasonable emergency driver does that. If I or a loved one had an emergency, I would want the person coming to my rescue being a level headed calm person who can deal with acute situations without putting anyone else's life at risk. If they can't handle that and make careless moves on the road to get to me, maybe their judgement when handling my acute situation won't be optimal either.
Wow, you're really defensive and angry, aren't you? Neither iFly55 or I said you are legally obligated to go on to the curb. However, where there's nowhere else to go, that's what I would do, and it's safe. Your enraged challenge just made me shake my head. Your posts, and your bellicose responses here with exaggeration and hyperbole, seem to suggest that you have some sort of personal involvement - e.g. you frequently get in the way of emergency vehicles. If that's the case, I suggest you learn how to drive properly. Further, going up on the curb slowly to clear a path for an emergency vehicle, when there's no other place to go, does not make you a stunt driver or a cowboy. But, if you want to believe that, it's a free and democratic society. I'd rather see motorists take responsibility for their actions, pay attention and clear the way as soon as possible rather than getting all bent out of shape about the fact that emergency vehicles need to get somewhere fast. Good grief. EDIT: The other amazing thing here is that neither iFly55 or myself at any point justified emergency vehicles acting recklessly. You carried on with that, and seemed to think that we said it was okay for them to drive dangerously. We didn't. They do have to go quickly. We did, however, criticize people for not getting out of the way.
Wow, you're really defensive and angry, aren't you?
Neither iFly55 or I said you are legally obligated to go on to the curb. However, where there's nowhere else to go, that's what I would do, and it's safe. Your enraged challenge just made me shake my head.
Your posts, and your bellicose responses here with exaggeration and hyperbole, seem to suggest that you have some sort of personal involvement - e.g. you frequently get in the way of emergency vehicles. If that's the case, I suggest you learn how to drive properly. Further, going up on the curb slowly to clear a path for an emergency vehicle, when there's no other place to go, does not make you a stunt driver or a cowboy. But, if you want to believe that, it's a free and democratic society.
I'd rather see motorists take responsibility for their actions, pay attention and clear the way as soon as possible rather than getting all bent out of shape about the fact that emergency vehicles need to get somewhere fast. Good grief.
EDIT: The other amazing thing here is that neither iFly55 or myself at any point justified emergency vehicles acting recklessly. You carried on with that, and seemed to think that we said it was okay for them to drive dangerously. We didn't. They do have to go quickly. We did, however, criticize people for not getting out of the way.
* 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 love how you automatically abuse your moderator powers, lock up threads you are PERSONALLY involved in - maybe ask an objective other moderator to take a look? And if that's any example of hyperbole, that is it. If anyone wants to use your company for tickets, I would certainly warn them. I love all these accusations as if you know me in real life. If that's how your company defends people, then good luck to anyone who uses you. You are the one getting bent out of shape about random things like driving on curbs. AGAIN, that is terrible advice and irresponsible. I would still caution anyone against it and if they get ticketed, then read the disclaimer from the guy above - he isn't responsible when you're talking to the cops. Then again, you obviously have a separate agenda and want people to get tickets so they can use your company who usually just gets people the same things they would anyway if they went themselves. Disgusting. Disclaimer - I do not work for or are associated with any ticket fighting heroic agency. I believe in everyone following laws - including emergency vehicles, civilians based on the Ontario highway act and driving safely. Do anything outside of that, then sure, go find these agencies, but do so at your own risk. Why put your driver's license and insurance at risk? More important, why put your life and other people's lives at risk? You think about what is right.
I love how you automatically abuse your moderator powers, lock up threads you are PERSONALLY involved in - maybe ask an objective other moderator to take a look? And if that's any example of hyperbole, that is it. If anyone wants to use your company for tickets, I would certainly warn them. I love all these accusations as if you know me in real life. If that's how your company defends people, then good luck to anyone who uses you. You are the one getting bent out of shape about random things like driving on curbs.
AGAIN, that is terrible advice and irresponsible. I would still caution anyone against it and if they get ticketed, then read the disclaimer from the guy above - he isn't responsible when you're talking to the cops. Then again, you obviously have a separate agenda and want people to get tickets so they can use your company who usually just gets people the same things they would anyway if they went themselves. Disgusting.
Disclaimer - I do not work for or are associated with any ticket fighting heroic agency. I believe in everyone following laws - including emergency vehicles, civilians based on the Ontario highway act and driving safely. Do anything outside of that, then sure, go find these agencies, but do so at your own risk. Why put your driver's license and insurance at risk? More important, why put your life and other people's lives at risk? You think about what is right.
If you say so. Just for the record - I'm not a paralegal. I only give advice on here. When I say I've been involved in helping traffic tickets - that's been on here. :roll:
If you say so. Just for the record - I'm not a paralegal. I only give advice on here. When I say I've been involved in helping traffic tickets - that's been on here.
* 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
hmmmm..... (back home and even here) I always try and get outta the way for an EV, that is SAFELY, I don't swerve recklessly nor mount curbs at speed. One day that EV could be coming to save my life or wife or daughters. EV drivers in the UK are TAUGHT how to drive through and around traffic, (I assume here as well) so IN a worst case scenario, if you can not move out, STAY PUT and the EV will manouvre around you. In the UK, we DONT have to leave a lane when passing an EV like here you get douchebag EV drivers just as you get douchebag civi drivers
hmmmm.....
(back home and even here) I always try and get outta the way for an EV, that is SAFELY, I don't swerve recklessly nor mount curbs at speed.
One day that EV could be coming to save my life or wife or daughters.
EV drivers in the UK are TAUGHT how to drive through and around traffic, (I assume here as well) so IN a worst case scenario, if you can not move out, STAY PUT and the EV will manouvre around you.
In the UK, we DONT have to leave a lane when passing an EV like here
you get douchebag EV drivers just as you get douchebag civi drivers
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
hahaha true what the old adage Please dont feed the troll k I'm outta here :)
hahaha true
what the old adage
Please dont feed the troll
k I'm outta here
lmrj0030 wrote:
I smell OP trolling. That or the OP simply should not be on the road of inadequate knowledge of the law.
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…
So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.
Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)
First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the…
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly reached into my bag to grab a lip balm. I noticed I had brought the wrong one so I just kept it out and…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from…
First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com
I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion.
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a ticket in the mail. The ticket is under my name as the registered owner: charged with Fail to Stop for…
I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my…
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…
So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true…
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
I left my home at 4 am to pick up my daughter from downtown Toronto. When I passed the major intersection south of my house there were two police cars in the middle of the intersection and one officer waved me through the intersection.
When I returned with my daughter at 5:30 am the police cars were still in the intersection. I slowed down as I approached the intersection but the police were no…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
When the court sends out the notice of trial, do they use the address the officer wrote on the ticket, or the actual address in the MTO database? In the case of the former, what are the implications? The reason I ask is that my wife got a ticket last week and the officer wrote the wrong city on it.
This topic discusses the same thing but with CN police; is it any different for regular offences?
Driving onto ramp entering a major highway, posted limit is 100km/h, suggested ramp limit is 40km/h - I end up colliding with the concrete barrier on the passenger side of the vehicle.
Police arrive, suspect alcohol and breathalyze me with a result of 0.00 - I am asked for a statement and cautioned, however (stupidly) I proceed to provide the details anyways.
My friends and I were heading to Kelso Beach, I had signalled and i pulled off to the shoulder as my car seemed to be making noise, but after riding over the shoulder the noise stopped, i signalled back again and merged back into traffic after making sure it was safe, the officer which was ahead of me on the shoulder a few meters away pulled me over.…
I've decided to fight a traffic ticket for stop sign violation. The offense was 12 months ago, and I've got a court date for next Tuesday. I've requested disclosure and, although a bit last minute, received it two weeks before my court date.
Upon reviewing the case materials, there isn't much of a defense I can find -based on the cop having an obstructed view, or any mistakes in the…
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I'm a newbie, so be kind if I'm messing up. Question: is it illegal to signal oncoming traffic that they are approaching a speed trap by flashing one's lights?
I ask because I was stopped for doing that yesterday evening, but did not end up with a ticket. The officer spend 5-10 minutes n his car, then sent me on my way. I'm wondering if he changed his mind or found out it was legal.