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?
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.
Vehicles or equestrians overtaking others
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.(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).
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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