First Ticket - Fighting it - Need help!

Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend

busy_mommy
Newbie
Newbie
Posts: 2
Joined:

First Ticket - Fighting it - Need help!

Unread post by busy_mommy on

So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.

Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)

First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the lady who pulled up to my butt get a ticket?

Any help in understanding this ticket would be greatly appreciated!!


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

Any movement one makes must be made in safety (changing lanes, going forward, backing up). Which means without hitting a vehicle, person or object if one was to set their vehicle in motion.

There is no stopping distance between vehicles.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

Some of the other regular posters on this board will probably have more/better information than I do.

You said you had to back up. Were you attempting to make a turn in an intersection and had to back up to avoid obstructing traffic? Was it an evasive maneuver?

The best thing to do is request disclosure and find out what notes the officer has. There are several websites, including one written by a poster here (Ticketcombat) that gives step-by-step instructions on how to do this. This will help you prepare your defence, and you can see what kind of evidence the Crown has against you.

The lady behind you did not commit an offence under the Highway Traffic Act. She was only obligated not to hit you, and she was not obligated to leave a space for you to reverse in to. Even if she left a fraction of a millimetre of space between her car and yours, she had stopped legally.


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

Radar Identified wrote:You said you had to back up. Were you attempting to make a turn in an intersection and had to back up to avoid obstructing traffic? Was it an evasive maneuver?
If the light was/has turned, time to complete your movement to avoid obstructing traffic.

Why would an evasive manoeuvres not have to be completed safely?
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

If the light was/has turned, time to complete your movement to avoid obstructing traffic.

Why would an evasive manoeuvres not have to be completed safely?
I agree, Bear. I'm trying to get a better understanding of why she felt backing up was the best course of action at the time as opposed to something else, and how she got into that position in the first place. Not saying evasive maneuvers don't have to be completed safely, just looking for more detail.


busy_mommy
Newbie
Newbie
Posts: 2
Joined:

Unread post by busy_mommy on

Basically I came to the Highway from a side street had a stop, (I needed to make a left turn) made my stop looked left to see if any cars were coming - none were, looked right, but there was a car parked on the side of the road so I had to move up to see past the car, there was a car coming so I looked left again and there was a truck coming towards me, the front of my car was in his lane and he did not seem to be stopping (going quite quickly actually), my reaction was to get out of his way, not only for my safety, but I had my two young children in the car with me (I was driving them to daycare). This is when I backed up.

What was I suppose to do? Hope that the truck sees me and stops in time? I wasn't willing to take that chance.

I am thoroughly impressed with the quick replies I'm getting! thank you!


User avatar
Bookm
Sr. Member
Sr. Member
Posts: 632
Joined:
Location: Stratford, Ontario

Unread post by Bookm on

I would take a couple pictures and challenge the ticket on the basis of the safety issue. I believe this would be considered a Strict Liability charge which allows you to challenge it based on the fact that you took "reasonable steps" in preventing a more serious accident. I think a Justice would recognize that you acted in good faith.

There are a few intersections in my city that invite the same dangerous scenario you described.

Good Luck


User avatar
ticketcombat
Sr. Member
Sr. Member
Posts: 486
Joined:
Location: Toronto
Contact:

Unread post by ticketcombat on

Great response Bookm. It's also a great absolute liability defence, choosing the lesser of two evils. I think this is the classic case of the cop thinking busy_mommy caused an accident, therefore she should be charged with something. At first I admit I was suspicious why anyone would back up in traffic but it's a solid explanation and totally winnable in court.

Good luck and good fight!
Fight Your Ticket!


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

Now with this scenario......where was the car that had stopped behind you positioned? If they were over the stop line, I would have ALSO charged that driver for stop wrong place.

I would suggest you take this interection concern to you local counsel to have the parking spots removed so that this does not block a view of oncoming traffic in the future.




Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Post Reply

Return to “General Talk”