Just got a ticket this morning from an officer who said i crossed the bullnose (2 white lines that meet between highway on ramp and 403) just past Winston churchill and 403. I dont think i did but officers word against mine i will always lose. However he charged me with "Fail to drive in Marked Lane" contrary to the H.T.A. under SEC 156 (1)(A) which reads 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.... Thanks Guys!
Just got a ticket this morning from an officer who said i crossed the bullnose (2 white lines that meet between highway on ramp and 403) just past Winston churchill and 403. I dont think i did but officers word against mine i will always lose. However he charged me with "Fail to drive in Marked Lane" contrary to the H.T.A. under SEC 156 (1)(A) which reads
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....
You were charged under the wrong section, 156 deals with driving the wrong direction on a divided highway. The correct section would be 154(1)(a). 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 were charged under the wrong section, 156 deals with driving the wrong direction on a divided highway. The correct section would be 154(1)(a).
There is also case law that deals with the same scenario and section you should have been charged under from 2010, R v. Capobianco.
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.
So make sure you do NOT tell the prosecution or the officer that this is the wrong charge until at least 6 months have passed, as they can withdraw the charge and re-issue the correct one. So you do NOT want early resolution and do NOT want to meet/talk with the prosecutor on any date before the trial. 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.
So make sure you do NOT tell the prosecution or the officer that this is the wrong charge until at least 6 months have passed, as they can withdraw the charge and re-issue the correct one. So you do NOT want early resolution and do NOT want to meet/talk with the prosecutor on any date before the trial.
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.
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
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1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
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Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
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Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
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