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?
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.