I am looking to get an insight on a ticket that I got on a highway in Greater Napanee areA. It's two lane highway. I was wearing a dark brown sunglasses so not clear whether it was police or some construction happening - it was a black police car with red and blue in the back windshield . There were two police cars and someone in the middle who probably got caught for speeding . There was no one outside but by the time I realized it was police I first slowed down from 110 to 80 -70 range as I thought I was speeding then I tried to move to fast lane but it was like people driving 120 or 110 and I couldn't move to fast lane so I just drove passed by them in the slow lane . The police lady that was in front started following me and I pulled over . She handed me 490$ ticket with 3 demerit points and didn't talk. Can I fight or hire a paralegal ? Please advise
Highway traffic 159(3) ticket. Move over for emergency vehicles
Re: Highway traffic 159(3) ticket. Move over for emergency vehicles
Adam21 wrote: Mon May 24, 2021 10:08 am
Can I fight or hire a paralegal ?
You're certainly within your rights to request a trial. If you wish to hire a paralegal, that's also up to you to decide.
The "move over" law states:
(3) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light or a tow truck with its lamp producing intermittent flashes of amber light that is stopped on a highway with two or more lanes of traffic on the same side of the highway as the side on which the emergency vehicle or tow truck is stopped, the driver of a vehicle travelling in the same lane that the emergency vehicle or tow truck is stopped in or in a lane that is adjacent to the emergency vehicle or tow truck, in addition to slowing down and proceeding with caution as required by subsection (2), shall move into another lane if the movement can be made safely. 2015, c. 14, s. 47.
Key words here are "shall" and "if." You "shall move into another lane if the movement can be made safely."
However, they are going to pick apart the holes in your version of events if you plan on going ahead with a trial. If you're already starting with "I was wearing dark sunglasses and couldn't make out exactly what was in front of me," then you're almost certainly going to found guilty.
Re: Highway traffic 159(3) ticket. Move over for emergency vehicles
Can I simply say that I didn't know about this law. I move over when I see a biker and same thing I slowed down and moved over a bit but didn't find it safe to change the lane where it's my instinct to change lanes when I see a stopped car. I instinctif do that. Thanks for your comments and help.
Re: Highway traffic 159(3) ticket.Move over for emergency vehicles
Ignorance of the law is no excuse. I doubt this argument will work
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