Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 3 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Failure to drive in Marked Lane. Sec: 156(1)(a)
Author Message
PostPosted: Wed Apr 27, 2016 9:19 am 
Offline
Newbie

Joined: Wed Apr 27, 2016 8:52 am
Posts: 1
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!


Top
 Profile  
 
Re: Failure to drive in Marked Lane. Sec: 156(1)(a)
PostPosted: Wed Apr 27, 2016 11:44 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2100
Location: Ontario
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.


Top
 Profile  
 
Re: Failure to drive in Marked Lane. Sec: 156(1)(a)
PostPosted: Wed Apr 27, 2016 3:22 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
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.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 3 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Sec 154(c) Failing to drive in marked lane...

SunshineGirl

3

5986

Mon Mar 08, 2010 8:04 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Fail to drive in marked lane Sec 154(1)(a)

RobBlu

1

1286

Tue Oct 29, 2013 4:39 pm

RikAmirnov View the latest post

There are no new unread posts for this topic. Got a ticket for failure to drive in marked lane.

Nalvi

1

1666

Thu Jan 13, 2011 12:04 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Hearing of Appeal - Failure to drive in a marked lane

markw1881

3

861

Tue Jun 12, 2012 6:03 pm

Decatur View the latest post

There are no new unread posts for this topic. Sec 154 Fail to remain in a marked lane.

pete99

0

1410

Thu Jan 07, 2010 10:36 am

pete99 View the latest post

There are no new unread posts for this topic. failiure to drive within a marked lane

dalimerley

6

1253

Wed Jul 29, 2009 4:34 pm

dalimerley View the latest post

This topic is locked, you cannot edit posts or make further replies. Fail to drive in marked lane

Roland Thomas

0

1248

Sat Mar 13, 2010 2:59 pm

Roland Thomas View the latest post

There are no new unread posts for this topic. Fail to drive in marked lane

Roland Thomas

0

1390

Sat Mar 13, 2010 3:08 pm

Roland Thomas View the latest post

There are no new unread posts for this topic. Fail to drive in marked lane

Pallet75

2

1144

Thu Nov 25, 2010 5:21 pm

hwybear View the latest post

There are no new unread posts for this topic. Fail to drive in marked lane...

ladydriver123

8

3492

Tue Feb 07, 2012 4:31 pm

hwybear View the latest post

There are no new unread posts for this topic. Failed to drive in marked lane

deakcar

2

1594

Sat Jan 12, 2013 7:22 am

Imessedup137 View the latest post

There are no new unread posts for this topic. Failing to drive in a marked lane

DMAC

1

284

Tue Mar 22, 2016 5:26 pm

iFly55 View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.