Got ticketed for unsafe lane change! I was trying to make a lane change to my right. I signalled, did shoulder check, mirror check, when this car came behind me very fast out of nowhere. I saw it and I hit the brakes. I may have crossed the lane (I don't remember!) but I definitely didn't hit the other car. It swerved onto the sidewalk, overtook my car, skidded for about ten meters, spun and hit a sign post with the left side passenger door. I didn't hit the other car and I could've driven on, but I did the responsible thing. and pulled over to see if the driver and his passenger were all right. I stayed behind to wait for the cops. Here's where things get interesting. A patrol cop came by and told us that he wasn't here to handle the case but he thought we were in an unsafe position and he told me to take my car to a parking lot. He also told the tow truck to tow the crashed car to the parking lot. We saw no reason to question him, so I took my car to a nearby parking lot. Nobody knows who he is, nobody knows his badge number. Nobody can find him now, but he's someone who's seen the aftermath of the accident. And he didn't take notes. The dispatched officer was on site when I returned from the parking lot and he said because we moved the cars, there's nothing for him to look at. But he had to charge someone when there's a collision, so he ticketed me for HFA 142 (1), which is Change Lane - Not In Safety. The only witness is the passenger of the other car, and the officer has said that he's not really a credible witness as he's with the driver of the other car. The officer did not ask where the accident occurred. He did not examine the skid marks on the floor. He just asked both parties what happened, and then he said he had to charge me. I'm going to fight the ticket. I've consulted two paralegals and they gave me completely different answers. One of them said I don't really have a case as I indirectly caused the accident by cutting the other car off. The other said because the patrol cop moved the cars, he destroyed evidence on the scene, and she even told me to say the other driver might've been behind me since I didn't see him when I did my shoulder check, and unsafely pulling to the lane on my right to try to overtake me at high speed. I don't know what to do. I don't know what my chances are or what arguments I can use to get this right. Also, I was driving someone else's car, so I definitely don't want to jack up his insurance. Can someone help me??? Thanks.
Got ticketed for unsafe lane change!
I was trying to make a lane change to my right. I signalled, did shoulder check, mirror check, when this car came behind me very fast out of nowhere. I saw it and I hit the brakes. I may have crossed the lane (I don't remember!) but I definitely didn't hit the other car. It swerved onto the sidewalk, overtook my car, skidded for about ten meters, spun and hit a sign post with the left side passenger door. I didn't hit the other car and I could've driven on, but I did the responsible thing. and pulled over to see if the driver and his passenger were all right. I stayed behind to wait for the cops.
Here's where things get interesting.
A patrol cop came by and told us that he wasn't here to handle the case but he thought we were in an unsafe position and he told me to take my car to a parking lot. He also told the tow truck to tow the crashed car to the parking lot. We saw no reason to question him, so I took my car to a nearby parking lot. Nobody knows who he is, nobody knows his badge number. Nobody can find him now, but he's someone who's seen the aftermath of the accident. And he didn't take notes.
The dispatched officer was on site when I returned from the parking lot and he said because we moved the cars, there's nothing for him to look at. But he had to charge someone when there's a collision, so he ticketed me for HFA 142 (1), which is Change Lane - Not In Safety. The only witness is the passenger of the other car, and the officer has said that he's not really a credible witness as he's with the driver of the other car. The officer did not ask where the accident occurred. He did not examine the skid marks on the floor. He just asked both parties what happened, and then he said he had to charge me.
I'm going to fight the ticket. I've consulted two paralegals and they gave me completely different answers. One of them said I don't really have a case as I indirectly caused the accident by cutting the other car off. The other said because the patrol cop moved the cars, he destroyed evidence on the scene, and she even told me to say the other driver might've been behind me since I didn't see him when I did my shoulder check, and unsafely pulling to the lane on my right to try to overtake me at high speed.
I don't know what to do. I don't know what my chances are or what arguments I can use to get this right. Also, I was driving someone else's car, so I definitely don't want to jack up his insurance. Can someone help me??? Thanks.
Safety is priority #1...If the cars are moveable we get them off the road into a safe location. This prevents further collisions and prevents traffic congestion. There is absolutely no reason to block a lane/intersection etc.. if the vehicles can be moved to a safe location. To what you described, sounds like the correct offence. There are variables that obviously us readers do not know, how many lanes, what speed you were travelling, why did you need to change lanes, if changing lanes for a turn, why were you in the left lane to start with, how far ahead was your turn, why were you not in that lane ahead of time if you knew you were turning etc...
Safety is priority #1...If the cars are moveable we get them off the road into a safe location. This prevents further collisions and prevents traffic congestion. There is absolutely no reason to block a lane/intersection etc.. if the vehicles can be moved to a safe location.
To what you described, sounds like the correct offence.
There are variables that obviously us readers do not know, how many lanes, what speed you were travelling, why did you need to change lanes, if changing lanes for a turn, why were you in the left lane to start with, how far ahead was your turn, why were you not in that lane ahead of time if you knew you were turning etc...
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Thanks for getting back to me. We moved the vehicles as we agreed with the first patrol officer. The other vehicle cannot be driven and needed to be towed. When the investigating officer came, he told us we shouldn't have moved and there's nothing for him to see now that we've been moved. So that's why I'm asking. There were three lanes. I was in the middle lane and I needed to make a right turn but I wasn't familiar with the area, so I wanted to keep right and drive a little slower so I can make the turn when I see it. If I say that in court, does that sound bad that I wasn't familiar with the area? It was a 60km/h road, and I was probably going about 55kh/h. The other car coming from behind me was definitely faster than 60km/h, not that I can prove it.
Thanks for getting back to me.
We moved the vehicles as we agreed with the first patrol officer. The other vehicle cannot be driven and needed to be towed. When the investigating officer came, he told us we shouldn't have moved and there's nothing for him to see now that we've been moved. So that's why I'm asking.
There were three lanes. I was in the middle lane and I needed to make a right turn but I wasn't familiar with the area, so I wanted to keep right and drive a little slower so I can make the turn when I see it. If I say that in court, does that sound bad that I wasn't familiar with the area?
It was a 60km/h road, and I was probably going about 55kh/h. The other car coming from behind me was definitely faster than 60km/h, not that I can prove it.
The fact that you were unfamiliar with the area won't hurt you in court. Unfortunately, it won't help much, either. HOWEVER, things that could help you are what the one paralegal mentioned: - Did the vehicle coming up behind you suddenly change lanes into the lane you wanted to merge into? (Didn't sound like he did from your answer, but it's a possibility.) - Did the vehicle suddenly speed up to stop you from merging? (You saw him, it appeared safe, and then he floored it to stop you from getting in front.) Either one of those possibilities could help you. The fact that he was going fast, in and of itself, doesn't help much; but if he was weaving from lane to lane, or suddenly accelerated, etc., creating an unpredictable situation for you and other motorists, that's different.
The fact that you were unfamiliar with the area won't hurt you in court. Unfortunately, it won't help much, either. HOWEVER, things that could help you are what the one paralegal mentioned:
- Did the vehicle coming up behind you suddenly change lanes into the lane you wanted to merge into? (Didn't sound like he did from your answer, but it's a possibility.)
- Did the vehicle suddenly speed up to stop you from merging? (You saw him, it appeared safe, and then he floored it to stop you from getting in front.)
Either one of those possibilities could help you. The fact that he was going fast, in and of itself, doesn't help much; but if he was weaving from lane to lane, or suddenly accelerated, etc., creating an unpredictable situation for you and other motorists, that's different.
* 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
Thank you for the pointers, everyone. Originally I've been charged with HTA 142 (1) Unsafe Lane Change. I've just met with the prosecutor today and they're willing to change to a lesser charge 142 (7) Improper Signal if I plead guilty. I think that's what I'm going to do instead of fighting the charges in court since I have no witness on my side but there's one witness on the other driver's side, and also because I'm a G2 now, I won't get the 30-day suspension if I get charged in the end. I know this doesn't have anything to do with my court case, but how does 142 (7) look on my insurance? I'm being claimed for damage by the other driver. If I plead guilty to the charge, does it mean for the insurance company that I admit I was at fault for the accident and need to pay for the damages?
Thank you for the pointers, everyone.
Originally I've been charged with HTA 142 (1) Unsafe Lane Change. I've just met with the prosecutor today and they're willing to change to a lesser charge 142 (7) Improper Signal if I plead guilty. I think that's what I'm going to do instead of fighting the charges in court since I have no witness on my side but there's one witness on the other driver's side, and also because I'm a G2 now, I won't get the 30-day suspension if I get charged in the end.
I know this doesn't have anything to do with my court case, but how does 142 (7) look on my insurance? I'm being claimed for damage by the other driver. If I plead guilty to the charge, does it mean for the insurance company that I admit I was at fault for the accident and need to pay for the damages?
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…