New charge? Fail to pull to left to avoid collision

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ymw321
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New charge? Fail to pull to left to avoid collision

by: ymw321 on
Mon Mar 31, 2008 9:51 am

It was on DVP and the speed was about 75km: heavy traffic. I was in the middle lane. All of a sudden the car ahead of me hit brake so I did too. Alas the car slowed down much faster than I anticipated and although I adjusted accordingly I failed to avoid hitting him from behind. An accident occured. Insurance involved.
Curiously, the police officer charged me with "Fail to pull to left to avoid collision" which I have never heard of. The set fine is $110, the same as a minor speeding charge.
Does anyone know about such a charge? How much a chance do I have, given the circumstances, to win fighting the ticket? Since insurance companies are already involved, is it still worth fighting?

Thanks!


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Bookm
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by: Bookm on
Mon Mar 31, 2008 5:52 pm

Did he write the Section number on the ticket?

If not, I would plead not-guilty and file a motion at trial for dismissal based on inadequate charging document. It's odd that the cop didn't charge you with Following too Close.


ymw321
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by: ymw321 on
Tue Apr 01, 2008 1:48 am

Yes he did: Section 148(5). I looked it up:
Vehicles or equestrians overtaking others
(5) Every person in charge of a vehicle or on horseback on a highway who is overtaking another vehicle or equestrian shall turn out to the left so far as may be necessary to avoid a collision with the vehicle or equestrian overtaken, and the person overtaken is not required to leave more than one-half of the roadway free. R.S.O. 1990, c. H.8, s. 148 (5).
This is totally not applicable: I wasn't trying to pass and there was no way I could have avoided the collision by pulling to the left, which would put me in a more dangerous situation.

Indeed quite odd. It seems the officer dilibrately left a hole to encourage me to go to court (and it only carries a $110 fine).


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by: Bookm on
Tue Apr 01, 2008 3:49 pm

Seems like an easy win to me.


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