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
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
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.
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.
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.
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
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
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.
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
I will be going to trial for my red light camera offence.
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I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
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I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
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I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
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I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
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I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
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who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…