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  [ 6 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Fail to drive in marked lane 154-1-a
Author Message
PostPosted: Wed Feb 15, 2017 3:04 pm 
Offline
Newbie

Joined: Wed Feb 15, 2017 1:46 pm
Posts: 2
My wife and I were just in an accident this morning. We were driving about 70 km/ hr. north on hwy 21 and it was snowy and slippery in spots. the pick up we were driving hit a patch of ice and the rear end started to slide out, thus pointing our nose to the ditch. There was a car coming towards us but it was back a little ways. We went across in front of her and hit the ditch. After she passed us she lost control and clipped the cube van that was behind us and went into the ditch some 200 yards down the road. The cube van managed to get his truck stopped after he slid around. My wife was charged with Fail to drive in Marked Lane 154-1-a . Does this carry demerit points and is our insurance going to be liable for all damages to other vehicles? Should we fight the ticket?
Thanks for your responses.


Top
 Profile  
 
Re: Fail to drive in marked lane 154-1-a
PostPosted: Wed Feb 15, 2017 3:52 pm 
Offline
Sr. Member
User avatar

Joined: Fri Oct 11, 2013 5:46 pm
Posts: 265
You might be in luck since the charge of "Fail to drive in a marked lane" was amended 1.5 years ago. As of Aug. 10/15, the title for the charge was changed to "Unsafe move - lane or shoulder" pursuant to s. 154(1)(a) with the set fine being $85. Follow this link for corroboration.

So, if you were charged today with "Fail to drive in a marked lane" via a ticket (not a summons!) (and with a set fine listed on the ticket), then that is a fatal error, since no set fine applies to that offence. In that case, you don't want to give the prosecution a chance to amend (i.e. change the offence title to the new title).

However, if you were charged under Part 3 of the POA (i.e. via a summons not a ticket), then it IS possible for them to argue that the offence itself was never removed (which is in fact quiet, true).

So, bottom line: check if you were charged under Part 1 (i.e. with a ticket). If so, then no set fine actually exists (since that charge isn't listed in the Set Fine schedules). Accordingly, it is a fatal error and you should not respond to the ticket----that is, force a fatal error. If they DO convict you, then simply appeal the matter and argue the above points (i.e. the ticket was not proper on its face since no set fine exists!). The case should then be dismissed.

However, if you were given a summons to attend court, then you've been charged under Part 3 of the POA and that offence DOES still exist.


Top
 Profile  
 
Re: Fail to drive in marked lane 154-1-a
PostPosted: Wed Feb 15, 2017 4:24 pm 
Offline
Newbie

Joined: Wed Feb 15, 2017 1:46 pm
Posts: 2
Thanks for your reply. She was charged at the scene by ticket. On the ticket it reads Did commit the offence of Fail to Drive in marked lane. it does have a set fine of $85 and a total of $110. So we should chose option 3 and chose to appear for trial.


Top
 Profile  
 
Re: Fail to drive in marked lane 154-1-a
PostPosted: Wed Feb 15, 2017 5:50 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
If it says NOTICE OF OFFENCE at the top of the ticket (which is sounds like it does if it has option 3), then per highwaystars advice, DO NOTHING and do NOT respond at all and keep the ticket safe so you can force a fatal error. If you show up to court, they are allowed to fix the error, so you do not want to show up for court.

There are two possibilities:
(1) A Justice of the Peace will review the ticket and see the error and quash/drop the ticket, so nothing more to worry about, or
(2) A Justice of the Peace will review the ticket and not see the error and will convict your wife for the charge. When you get your Notice of Conviction, you will then pay the fine and file for an appeal (make sure its an APPEAL and not a re-opening). At the appeal hearing, you show up with your ticket and mention the points that highwaystar mentioned above.

As for insurance, being charged and convicted is completely seperate from the insurance company saying you are at fault. For example, you can be charged and convicted of a driving offence, but found to be not at fault for insurance purposes, or vice-versa you can not be charged with anything but still found to be totally at fault for insurance purposes.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Fail to drive in marked lane 154-1-a
PostPosted: Wed Feb 15, 2017 7:30 pm 
Offline
Moderator
User avatar

Joined: Mon Mar 14, 2011 11:31 am
Posts: 648
Just be aware that they still may re serve you with the correct wording if they catch the error.


Top
 Profile  
 
Re: Fail to drive in marked lane 154-1-a
PostPosted: Wed Feb 15, 2017 7:40 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
If that happens and you get re-served with correct charge, then I think it is still a fightable offence as it was weather related and outside of your wife's control. The fact that the other vehicle went by you and then spun out on the ice as well helps your case.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 6 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. 154 (1) (A) FAIL TO DRIVE IN A MARKED LANE

digorius

3

2802

Tue Aug 24, 2010 8:21 pm

digorius View the latest post

There are no new unread posts for this topic. Fail to drive in marked lane... section 154 (1)

sparkie1969

1

4540

Mon Apr 12, 2010 10:59 pm

FiReSTaRT View the latest post

There are no new unread posts for this topic. Fail to drive in marked lane Sec 154(1)(a)

RobBlu

1

1271

Tue Oct 29, 2013 4:39 pm

RikAmirnov View the latest post

There are no new unread posts for this topic. 154(1)a) Failed to drive in marked lane

RikAmirnov

2

858

Thu Oct 31, 2013 8:21 am

RikAmirnov View the latest post

There are no new unread posts for this topic. Sec 154(c) Failing to drive in marked lane...

SunshineGirl

3

5925

Mon Mar 08, 2010 8:04 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Sec 154 Fail to remain in a marked lane.

pete99

0

1407

Thu Jan 07, 2010 10:36 am

pete99 View the latest post

This topic is locked, you cannot edit posts or make further replies. Fail to drive in marked lane

Roland Thomas

0

1242

Sat Mar 13, 2010 2:59 pm

Roland Thomas View the latest post

There are no new unread posts for this topic. Fail to drive in marked lane

Roland Thomas

0

1385

Sat Mar 13, 2010 3:08 pm

Roland Thomas View the latest post

There are no new unread posts for this topic. Fail to drive in marked lane

Pallet75

2

1140

Thu Nov 25, 2010 5:21 pm

hwybear View the latest post

There are no new unread posts for this topic. Fail to drive in marked lane...

ladydriver123

8

3475

Tue Feb 07, 2012 4:31 pm

hwybear View the latest post

There are no new unread posts for this topic. Offense: Fail to drive in marked lane

DanteJay

14

2235

Thu Aug 13, 2015 11:54 pm

Seanin8r View the latest post

There are no new unread posts for this topic. Fail to drive in marked lane - incorrect location on ticket

omee

3

1720

Sun Jul 20, 2008 2:20 pm

racer View the latest post

 


Who is online

Users browsing this forum: Bing [Bot] 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.