Today I was pulled over by a cop, and he told me that I was following to closely. There was no collision - I was following him, and I had kept enough distance (I would have atleast 1 car length or more) - when he turned on the lights and siren, I pulled over - this means that I was able to brake in time as before turning the siren, he pulled over himself, and then took his hand out to signal me to pull over, which I did. It was a 80km/hr zone, and he was doing 67-70km/hr. I think it was his intention to pull someone over, and unfortunately I was behind him. He came to me, and asked me how much distance I had, and I told him atleast 1 car length or more ... but he said I had less than half car length, which I didn't agree with him. He gave me $100 - 4 point ticket. What are my chances of wining the case if I appeal in court? This is in Halton Region Court. I will ask for disclosure package when I go to fight the ticket, however, I'd like some advice to see what should I do in court when my trial comes up. Thanks in advance.
Today I was pulled over by a cop, and he told me that I was following to closely. There was no collision - I was following him, and I had kept enough distance (I would have atleast 1 car length or more) - when he turned on the lights and siren, I pulled over - this means that I was able to brake in time as before turning the siren, he pulled over himself, and then took his hand out to signal me to pull over, which I did. It was a 80km/hr zone, and he was doing 67-70km/hr. I think it was his intention to pull someone over, and unfortunately I was behind him.
He came to me, and asked me how much distance I had, and I told him atleast 1 car length or more ... but he said I had less than half car length, which I didn't agree with him. He gave me $100 - 4 point ticket.
What are my chances of wining the case if I appeal in court? This is in Halton Region Court. I will ask for disclosure package when I go to fight the ticket, however, I'd like some advice to see what should I do in court when my trial comes up.
Based on just your version of the events in a trial? Zero. There is no set distance between vehicles because there are too many variables to consider. Weather, road conditions, brakes, vehicle weight, tires, and the list goes on and on. It's your duty as a driver to calculate the variables and put together a distance that would keep you from hitting the car in front of you NO MATTER WHAT happens. That includes someone pulling out of a road or driveway in front of the driver ahead of you and causing an accident. The driver who causes the accident wont be responsible for anyone you hit in your lane as a result of you not having enough time to stop. If an animal jumps on the road and the driver in front of you slams on the brakes, you'll be at fault if you hit the car in front of you. General rule of thumb is 2 or 3 seconds minimum between cars under perfect conditions. 1 car length at 70km an hour is not even close to being enough. That must be it.
rino wrote:
What are my chances of wining the case if I appeal in court?
Based on just your version of the events in a trial? Zero.
There is no set distance between vehicles because there are too many variables to consider. Weather, road conditions, brakes, vehicle weight, tires, and the list goes on and on.
It's your duty as a driver to calculate the variables and put together a distance that would keep you from hitting the car in front of you NO MATTER WHAT happens. That includes someone pulling out of a road or driveway in front of the driver ahead of you and causing an accident. The driver who causes the accident wont be responsible for anyone you hit in your lane as a result of you not having enough time to stop. If an animal jumps on the road and the driver in front of you slams on the brakes, you'll be at fault if you hit the car in front of you.
General rule of thumb is 2 or 3 seconds minimum between cars under perfect conditions. 1 car length at 70km an hour is not even close to being enough.
rino wrote:
I think it was his intention to pull someone over, and unfortunately I was behind him.
Youll need to request disclosure and see what the officers actual evidence is. Hell need to explain why he felt the distance you were following at was unsafe. If you choose to testify at trial youll need to explain why it was safe. The lack of collision isnt sufficient evidence in itself to say your actions were safe. Youll probably want to take some time and look for case law surrounding the charge of following too close to see where the law currently stands.
Youll need to request disclosure and see what the officers actual evidence is. Hell need to explain why he felt the distance you were following at was unsafe. If you choose to testify at trial youll need to explain why it was safe. The lack of collision isnt sufficient evidence in itself to say your actions were safe. Youll probably want to take some time and look for case law surrounding the charge of following too close to see where the law currently stands.
I'm sure the officer didn't lock up the brakes as the lights/siren were activated. As per 1 car length behind? = WOW A car is usually 5-6 metres in length. Speed of just 50km/hr and vehicle travels 13.8 m every second Speed of 60 km/hr and vehicle travels 16.6 m every second Speed of 70 km/hr and vehicle travels is 19.4 m every second An average time of 1.5 seconds is needed to perceive the need to apply the brakes and then apply the brakes. Now the vehicle has to activate the brakes and the tires have to grab the surface of the road to slow/stop and most typically we all like to do this before we hear the crunching noises.
I'm sure the officer didn't lock up the brakes as the lights/siren were activated.
As per 1 car length behind? = WOW
A car is usually 5-6 metres in length.
Speed of just 50km/hr and vehicle travels 13.8 m every second
Speed of 60 km/hr and vehicle travels 16.6 m every second
Speed of 70 km/hr and vehicle travels is 19.4 m every second
An average time of 1.5 seconds is needed to perceive the need to apply the brakes and then apply the brakes.
Now the vehicle has to activate the brakes and the tires have to grab the surface of the road to slow/stop and most typically we all like to do this before we hear the crunching noises.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I was taught 1 length for every 16 kph. Rino In your case you should have been 5 lengths back. My guess is that the officer tapped his brakes a couple of times before he lit it up. Best of luck. Cheers Viper1
hwybear wrote:
I'm sure the officer didn't lock up the brakes as the lights/siren were activated.
As per 1 car length behind? = WOW
A car is usually 5-6 metres in length.
Speed of just 50km/hr and vehicle travels 13.8 m every second
Speed of 60 km/hr and vehicle travels 16.6 m every second
Speed of 70 km/hr and vehicle travels is 19.4 m every second
An average time of 1.5 seconds is needed to perceive the need to apply the brakes and then apply the brakes.
Now the vehicle has to activate the brakes and the tires have to grab the surface of the road to slow/stop and most typically we all like to do this before we hear the crunching noises.
I was taught 1 length for every 16 kph. Rino In your case you should have been 5 lengths back.
My guess is that the officer tapped his brakes a couple of times before he lit it up.
Best of luck.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
So, I should just pay the fine and suck it up or still go for a trial? If someone is following me too closely, I don't get to give them a ticket? But I guess, that's how the law works :( Should I be hiring a paralegal for this one or just give it up? Any advice?
So, I should just pay the fine and suck it up or still go for a trial?
If someone is following me too closely, I don't get to give them a ticket? But I guess, that's how the law works
Should I be hiring a paralegal for this one or just give it up? Any advice?
No he just lit up the lights, and braked after that ... I didn't get any hints that he as going to pull me over ... I told him that I was atleast 1 car length ... but I am sure I had more than enough distance ... At that time ... when the cop was infront of me, I wasn't thinking very well ... which is why I said it ... 5-6 m is nothing - I don't drive that close to another car, but the unfortunate part is that I said it ... so I am sure he would have recorded that in his notes, which will go against me. If I decide to go and fight the ticket, then I'll see what is in the disclosure. If you guys think the chances of wining the trial is zero, then I don't think it is worth going for a trial - the only chance I have is that the officer won't show up ... which is slim given that it was in Halton region - if it was Toronto, then chances would have been more ... in Halton region, there is limited force available ... unless the cop is sick or off shift, I am sure he'll show up.
viper1 wrote:
I was taught 1 length for every 16 kph. Rino In your case you should have been 5 lengths back.
My guess is that the officer tapped his brakes a couple of times before he lit it up.
Best of luck.
Cheers
Viper1
No he just lit up the lights, and braked after that ... I didn't get any hints that he as going to pull me over ...
I told him that I was atleast 1 car length ... but I am sure I had more than enough distance ... At that time ... when the cop was infront of me, I wasn't thinking very well ... which is why I said it ... 5-6 m is nothing - I don't drive that close to another car, but the unfortunate part is that I said it ... so I am sure he would have recorded that in his notes, which will go against me. If I decide to go and fight the ticket, then I'll see what is in the disclosure.
If you guys think the chances of wining the trial is zero, then I don't think it is worth going for a trial - the only chance I have is that the officer won't show up ... which is slim given that it was in Halton region - if it was Toronto, then chances would have been more ... in Halton region, there is limited force available ... unless the cop is sick or off shift, I am sure he'll show up.
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