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

First Ticket - Fighting it - Need help!
Author Message
PostPosted: Thu Oct 02, 2008 4:58 pm 
Offline
Newbie

Joined: Thu Oct 02, 2008 4:49 pm
Posts: 2
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!!


Top
 Profile  
 
PostPosted: Thu Oct 02, 2008 7:19 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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


Top
 Profile  
 
PostPosted: Thu Oct 02, 2008 7:38 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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.


Top
 Profile  
 
PostPosted: Fri Oct 03, 2008 8:35 am 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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


Top
 Profile  
 
PostPosted: Fri Oct 03, 2008 11:25 am 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Quote:
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.


Top
 Profile  
 
PostPosted: Fri Oct 03, 2008 2:20 pm 
Offline
Newbie

Joined: Thu Oct 02, 2008 4:49 pm
Posts: 2
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!


Top
 Profile  
 
PostPosted: Fri Oct 03, 2008 4:55 pm 
Offline
Sr. Member
User avatar

Joined: Tue Jan 22, 2008 9:38 pm
Posts: 632
Location: Stratford, Ontario
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


Top
 Profile  
 
PostPosted: Sat Oct 04, 2008 12:25 am 
Offline
Sr. Member
User avatar

Joined: Mon Jun 30, 2008 5:59 pm
Posts: 486
Location: Toronto
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!


Top
 Profile  
 
PostPosted: Sat Oct 04, 2008 8:04 am 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 9 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. when fighting a ticket, can they do this...?

[ Go to pageGo to page: 1, 2 ]

apparently_speeding

18

2513

Sat Oct 03, 2009 10:06 pm

OTTLegal View the latest post

There are no new unread posts for this topic. Fighting the ticket on my own?

Limitless

1

638

Wed Jun 15, 2011 6:51 pm

Stanton View the latest post

There are no new unread posts for this topic. First ticket ever. Is it worth fighting?

Coops

1

848

Tue Jun 08, 2010 2:30 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Help, please! Is speeding ticket worth fighting?

jtgb1

6

3303

Mon Nov 15, 2010 4:46 pm

jtgb1 View the latest post

There are no new unread posts for this topic. Fighting a speeding ticket in Quebec

keith2011

0

3037

Sun Apr 03, 2011 4:39 am

keith2011 View the latest post

There are no new unread posts for this topic. Fighting the Camera Ticket need some math help

DBaldy

2

1413

Tue Aug 09, 2011 9:32 am

DBaldy View the latest post

There are no new unread posts for this topic. Can I change my mind about fighting a ticket?

Crell

3

971

Fri Nov 18, 2011 2:21 pm

Stanton View the latest post

There are no new unread posts for this topic. Fighting Stop Sign Ticket

ojasdatt

3

1549

Tue Dec 04, 2012 10:03 am

ojasdatt View the latest post

There are no new unread posts for this topic. Do I have a chance fighting a ticket for improper use of HOV

I_Need_Help

1

3173

Tue Sep 22, 2009 2:36 am

Radar Identified View the latest post

There are no new unread posts for this topic. My day in court fighting a FTC ticket

Keroba

1

2358

Sat Sep 04, 2010 1:48 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Risk in fighting an already reduced speeding ticket

MelissaP

3

4344

Sun Dec 26, 2010 2:33 am

Simon Borys View the latest post

There are no new unread posts for this topic. Need advice - got a ftc ticket and am fighting it in court

awedge

1

1535

Tue Jun 19, 2012 1:33 pm

iFly55 View the latest post

 


Who is online

Users browsing this forum: Bing [Bot] and 2 guests


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.