Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 4 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Driving left of centre / lesser charge
Author Message
PostPosted: Tue Jul 02, 2013 4:45 pm 
Offline
Jr. Member

Joined: Mon Jun 24, 2013 7:27 pm
Posts: 28
I was hitting the highway a couple days ago late at night and -- admittedly -- got close to the centre line more than once. A car started following me and apparently phoned in a complaint. Sure enough, the OPP swung by, pulled me over, talked about a "reckless" or "careless driving" charge but gave me driving left of centre. Now, there was no opposing traffic, so I think I might be able to evade this charge... but can they trump it up to the reckless charge?


Top
 Profile  
 
Re: Driving left of centre / lesser charge
PostPosted: Tue Jul 02, 2013 4:57 pm 
Offline
Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
they have 6 months from the alleged offense date to charge you with careless driving by ways of a Part 3 summons; did the officer witness you driving passed the centre line? if not, the other driver will have to appear as a witness and testify at trial

were you charged under S. 149 of the HTA? If i'm reading that section correctly, the only restriction is visibility.

http://www.e-laws.gov.on.ca/html/statut ... .htm#BK225
Quote:
Driving to left of centre prohibited under certain conditions
149. (1) No vehicle shall be driven or operated to the left of the centre of a roadway designed for one or more lines of traffic in each direction,
(a) when approaching the crest of a grade or upon a curve in the roadway or within 30 metres of a bridge, viaduct or tunnel where the driver’s view is obstructed within that distance so as to create a potential hazard in the event another vehicle might approach from the opposite direction; or
(b) when approaching within 30 metres of a level railway crossing. R.S.O. 1990, c. H.8, s. 149 (1).
Exception
(2) Subsection (1) does not apply,
(a) on a highway divided into clearly marked lanes where there are more such lanes for traffic in one direction than in the other direction;
(b) to a road service vehicle where precautions are taken to eliminate the hazard; or
(c) on a highway while it is designated for the use of one-way traffic. R.S.O. 1990, c. H.8, s. 149 (2).


Top
 Profile  
 
Re: Driving left of centre / lesser charge
PostPosted: Tue Jul 02, 2013 5:22 pm 
Offline
Jr. Member

Joined: Mon Jun 24, 2013 7:27 pm
Posts: 28
The officer didn't say except to mention the witness and complaint but yeah it's s. 140. Reading it it seems like the absense of oncoming traffic might work as a defence but I really don't want to provoke something more serious.


Top
 Profile  
 
Re: Driving left of centre / lesser charge
PostPosted: Tue Jul 02, 2013 5:48 pm 
Offline
Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
I would file it for trial with your intention to appear and fight the charges; when you receive your notice of trial, request for disclosure.

I wouldn't be too worried about upgraded charges because you chose to fight it; if it was S. 149 then the crown will most likely withdraw the charge based on both parties accounts (you + witness)

i think careless would've been the more appropriate charge based on the complaint, and one the prosecution could potentially get a conviction. but S. 149 is very specific about when it does not want you to be left of centre; it does not appear to apply to your case, there are situations with S. 149 where you can be left of centre with approaching vehicles as-long as you're not near a grade, curve or <30m from bridges, viaduct, tunnel, railway crossing.

S. 149 sounds like the plea-bargain charge the crown would reduce to from S. 130 careless driving at trial.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Plea for lesser charge from Driving While Under Suspension

[ Go to pageGo to page: 1, 2 ]

torontoeh

29

5697

Sat Sep 12, 2009 2:45 pm

mr888 View the latest post

There are no new unread posts for this topic. Driving left of centre prohibited under condition - Sec 149

admin

0

2863

Tue Dec 11, 2007 11:51 pm

admin View the latest post

There are no new unread posts for this topic. Lesser Charge?

Robbie00

1

698

Mon Jul 25, 2011 5:24 pm

jon View the latest post

There are no new unread posts for this topic. what is the lesser charge??

hockeyangel

5

1582

Fri Jul 08, 2011 5:58 pm

Stanton View the latest post

There are no new unread posts for this topic. Possible to plea to a lesser charge?

jer0n

5

1221

Thu Apr 12, 2012 9:10 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Received Traffic ticket in NY, pleading for lesser charge

buddhafest

3

3435

Fri Jan 04, 2013 11:42 am

Stanton View the latest post

There are no new unread posts for this topic. S. 149 - Operating To Left Of Centre On Curve

intoronto

2

1727

Wed Oct 22, 2008 3:43 am

lawmen View the latest post

There are no new unread posts for this topic. S. 149 - Operating To Left Of Centre On Curve

intoronto

0

592

Wed Apr 09, 2008 10:46 am

intoronto View the latest post

There are no new unread posts for this topic. Drive left of centre - on a curve 149(1)(a)

BlackObs

0

1248

Sat Aug 31, 2013 2:36 pm

BlackObs View the latest post

There are no new unread posts for this topic. careless driving charge: left turn with minor injuries

ota17

11

434

Tue Feb 07, 2017 10:29 pm

ota17 View the latest post

There are no new unread posts for this topic. Attachment(s) Turning Left Using Centre Lanes on 5 lane Roads

pylonic

5

1233

Wed Sep 17, 2014 7:23 pm

hwybear View the latest post

There are no new unread posts for this topic. Careless Driving - accident reporting centre

DarthVader

1

1863

Thu Aug 05, 2010 7:39 pm

Radar Identified View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.