I actually got in an accident recently. A motorcycle hit me from behind shortly after I changed lanes. The witnesses said that I cut him off but I don't think so. I changed lanes from the left to the right on hurontario just before Brinkley in order to avoid the speeding motorcycle but he had changed at the same time that I did and sort of lost control of his bike as he was trying to stop and hurt himself. I got a ticket for $110 under act 142 (1). I signaled about 200 meters before him, I was keeping to the speed limit but he was actually speeding. I'm not to sure how to go about challenging this. Could someone let me know
Re: Need help -unsafe lane change?
-
jfwoodcock
- Newbie

- Posts: 1
- Joined: Tue Aug 03, 2010 6:50 pm
Re: Need help -unsafe lane change?
i just today had an accident basically the same deal...i signalled, looked, didnt see anyone coming, went to change lanes, and BAM...75 year old man slams into the side of me...the cop charged me with change lane, not in safety, contrary to highway traffic act 142(1)...what i dont understand is how i can be charged with failing to signal...when i signalled...O.o
- Traffic Law
- Member

- Posts: 162
- Joined: Thu Sep 25, 2008 5:28 pm
- Location: Mississauga
Re: Need help -unsafe lane change?
Both of you have a defence to the charge. Section 142(1) is an interesting one and is a strict liability offence. You should speak to paralegal to assist you with these cases. I also suggest to read the charging section to see that this charge is very subjective. You can read more about <a href="http://www.ontariohighwaytrafficact.com ... html">Turn Not In Safety</a> and see for yourself.
Similar Topics
-
-
- UNSAFE LANE CHANGE
- Posted in Failing to signal
- By yogikeung on
- Replies: 2
-
-
-
- Got Rear ended, and Got issued Unsafe Lane Change
- Posted in Improper right turn
- By teamcholo on
- Replies: 2
-
-
-
- Unsafe lane change
- Posted in Failing to yield the right-of-way
- By irv on
- Replies: 5
-
-
-
- Unsafe lane change and destroyed evidence
- Posted in Failing to yield the right-of-way
- By brettshard on
- Replies: 5
-
-
-
- Unsafe Lane Change HTA 154(1)a
- Posted in Failing to yield the right-of-way
- By forevergone on
- Replies: 1
-
-
-
- unsafe lane change
- Posted in Failing to yield the right-of-way
- By petermcleod on
- Replies: 6
-
-
-
-
- Unsafe Lane Change - Any Chance To Fight? [154 (1)(a)]
- Posted in Improper passing
- By SSJFlex on
- Replies: 1
-
-
-
- Looks like I was screwed today - "Unsafe Lane Change" - NOT!
- Posted in General Talk
- By coolspot on
- Replies: 14
-
-
-
- unsafe lane change
- Posted in Failing to signal
- By bigbuck69 on
- Replies: 2
-
-
-
- Unsafe Lane Change?? Who's at fault and how do I report?
- Posted in Failing to yield the right-of-way
- By nozmirk on
- Replies: 4
-
-
-
-
- Unsafe move - lane or shoulder HTA 154 (1) (a)
- Posted in Improper passing
- By Mom23 on
- Replies: 2
-
-
-
- First ticket, Change Lane - Not in Safety, please help!
- Posted in Failing to yield the right-of-way
- By pinki3 on
- Replies: 3
-
-
-
- Need help with 2nd change of trial date motion by prosecutor
- Posted in Courts and Procedure
- By bottleboy on
- Replies: 2
-
-
-
- Disobey stop sign - need help of change previous option
- Posted in General Talk
- By qqro on
- Replies: 1
-
-
-
- Unsafe Left Turn- No collision. Any help apreciated
- Posted in Improper left turn
- By bigmusky on
- Replies: 1
-
-
-
-
- is this still valid if its a lane change first?
- Posted in Improper right turn
- By pai on
- Replies: 1
-
Featured Topics
lift laws, bumper height laws, headlight height laws
hey all im lifting my 03 f350 crew cab..
and ive called 3 different local police stations with NO HELP AT ALL...
im wondering...
is there bumper height laws?
headlight height laws?
what is a headlight?? ( like can i put any light at the proper level and it be legal?? or does it have to be a certain…
Falsely Accused of Handheld Device Usage
Hi!
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…
Radar Gun Error Code & Incomplete Disclosure
Hello,
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
The cop was using hand held radar,…
Fail to Stop for School Bus- Owner - 175 (20)
Hi everyone,
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…
Prohibited Turn Sign Cannot be Seen
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
Novice Driver B.A.C Above 0%
heres the story
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…
Red Light Camera has extended delay for ticket
Hello Folks,
Well please confirm a couple of things.
1&gt; Red Light Camera ticket is a "parking ticket" in essence, does not go on the record, so could just pay and forget.
2&gt; Can early resolution, bring down the ticket fine, only reason would be excellent driving record, last 10 years. If…
Improper Left Turn: Harbor & Yonge St
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
How To Fight A No Seatbelt Ticket
The key ruling on fighting a seatbelt ticket is R. v. Kanda, 2008 and an example of it's application is R. v. Gupta, 2008.
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Have trial next week for Failure to Obey Stop Sign
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…