Moving from roadway to roadway on divided highways
156. (1) Where a highway is divided into two separate roadways, no person shall operate or drive a vehicle or lead, ride or drive an animal,
(a) along or on the highway except on the roadway on the right-hand side, having regard to the direction in which the vehicle is being operated or driven or the animal is being led, ridden or driven
Do i have any recorse here? Or is this the correct offense? Also do opp cars have dashcams? I'm sure i didnt touch the bullnose....
There is also case law that deals with the same scenario and section you should have been charged under from 2010, R v. Capobianco.
Link: http://www.canlii.org/en/on/onca/doc/20 ... ca589.html
The Court of Appeal ruled that crossing a marked line isn't sufficient to say the offence occurred and that the police/Crown also need to show that the action was somehow unsafe.
Others can suggest how to best deal with your situation. I believe that you'll have to go to trial to fight the ticket since I don't think the mistake would be considered a fatal error.
At trial the Crown may try to get the section number changed to the correct one (which you'll want to oppose). If the change is allowed, you'll then want to argue that you didn't cross the line (if that's what you truly believe) and that your action wasn't unsafe. If the police/Crown don't show that your action was unsafe, you'll want to reference the case law and show the elements of the offence haven't been made out.
You want to plead NOT GUILTY and request a TRIAL with the officer present. Once you get your Notice of Trial with the trial date, I would NOT request disclosure as you again do not want to alert them of a wrong charge (and you do not need disclosure anyways for this charge).
Hopefully your trial date is more than 6 months from the date of occurence, and then you are set.
+++ This is not legal advice, only my opinion +++
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