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

am i at Fault?
YES 0%  0%  [ 0 ]
NO 0%  0%  [ 0 ]
Total votes : 0

Lane change not in safety
Author Message
PostPosted: Fri Jul 11, 2014 2:27 pm 
Offline
Newbie

Joined: Fri Jul 11, 2014 1:56 pm
Posts: 2
ok so my lane was coming to an end because of construction. so i was all the way at the sign that tells you to merge into the right lane, finally someone let me in, i checked and double checked to see if he was actually letting me in, and he was. so i moved up and while i was lane changing he wanted to get into the lane i was just in. which has ended. now im fully in the right lane and hes trying to lane change to the ended lane which i was just in.... but while checking his blind spot to see if anyone is pulling up he rolls and rear ends me. hitting me just off center of my vehicle since he was trying to lane change. now i have a 2006 hummer H3 and he has a 2001 toyota camy.. so his front hood is pretty beat up but here isnt any damage on my vehicle. now he goes to the reporting center and i do the same but because i wasnt expecting a hit from this guy, i got a bit of whiplash and they told me to call the police station. now he investigates this.

AND i get a ticket for Lane change not in safety.. so i am fighting the ticket. but honestly what are my odds of getting this dropped. there is no way im at fault here


Top
 Profile  
 
Re: Lane change not in safety
PostPosted: Fri Jul 11, 2014 3:10 pm 
Offline
Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
It's important that he started changing lanes when you were established and driving in the right lane. In this case, he's 100% at fault. However, if you were both changing lanes at the same time and both were off centre then it's 50/50.

Fault Determination Rules: http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm

In your version of events, the collision occurred when you were not changing lanes. So that ticket would not apply. I have a feeling the Camry driver said a different story to the police, which is why you're being charged.

I would start by requesting for the police's accident report to see the officer's notes. Depending on what's in the notes, this may be a trial situation where it's your story vs. camry driver.


Top
 Profile  
 
Re: Lane change not in safety
PostPosted: Fri Jul 11, 2014 3:53 pm 
Offline
Newbie

Joined: Fri Jul 11, 2014 1:56 pm
Posts: 2
see, he let me in, i changed lanes and after i changed lanes and was established then he tried to change lanes, and hit me. when we were talking he said he was checking his blind spot while he hit me, which i told the officer when he got my statement. and still comes and gives me the ticket. even witnesses said he let me in and that i was fulling centered in the lane


Top
 Profile  
 
Re: Lane change not in safety
PostPosted: Fri Jul 11, 2014 4:29 pm 
Offline
VIP

Joined: Fri Jun 25, 2010 3:30 am
Posts: 803
Do you have those witnesses details for trial ? Regardless I suspect you could cast a reasonable doubt on this.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Top
 Profile  
 
Re: Lane change not in safety
PostPosted: Fri Jul 11, 2014 6:36 pm 
Offline
Moderator
User avatar

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

Even if it is your word vs. that of the Camry driver, if your testimony is believable (which, based on what I'm reading, it is believable), they should believe you and give you the benefit of the doubt. The system is "innocent until proven guilty." If you were already in the lane and he crunched into you, well, he should've been charged. Main thing is, fight the ticket, and get disclosure so you can see the evidence against you.

If you're concerned about taking all of this on, you can always get a paralegal.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 5 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. Change Lane Not in Safety

innocentofcharges

1

750

Thu Nov 13, 2014 10:41 am

MegaSilver View the latest post

There are no new unread posts for this topic. Change lane not in safety - who's at fault?

kszeto0209

2

1860

Wed Feb 29, 2012 11:48 pm

kszeto0209 View the latest post

There are no new unread posts for this topic. Change Lane - Not in Safety - Kitchener

mb2012

1

1179

Fri Jan 13, 2012 2:16 pm

brettshard View the latest post

There are no new unread posts for this topic. Change lane not in safety - Bus Driver

BusMan

2

474

Wed Dec 30, 2015 10:53 pm

BusMan View the latest post

There are no new unread posts for this topic. Lane Change not in Safety.. Court Date in a few days!

lwredblade

0

2282

Thu Mar 17, 2011 12:27 am

lwredblade View the latest post

There are no new unread posts for this topic. Charged with 159(3) Failed to change lane, but only 1 lane..

randomuser1

0

2022

Mon Aug 20, 2012 11:00 pm

randomuser1 View the latest post

There are no new unread posts for this topic. change lanes not in safety - viewpoints pls

wildrose1966

0

946

Tue Nov 18, 2014 9:17 pm

wildrose1966 View the latest post

There are no new unread posts for this topic. need help -unsafe lane change?

[ Go to pageGo to page: 1, 2 ]

dgs

17

12168

Thu Aug 05, 2010 4:46 pm

Traffic Law View the latest post

There are no new unread posts for this topic. UNSAFE LANE CHANGE

yogikeung

2

7593

Fri Mar 11, 2011 9:48 am

yogikeung View the latest post

There are no new unread posts for this topic. is this still valid if its a lane change first?

pai

1

674

Mon May 16, 2011 11:38 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Unsafe lane change

irv

5

2151

Sat Aug 06, 2011 9:06 pm

irv View the latest post

There are no new unread posts for this topic. Fail to change lane!

HelpPls

5

1659

Sat Feb 04, 2012 6:48 pm

HelpPls View the latest post

 


Who is online

Users browsing this forum: No registered users and 3 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.