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 got a speeding ticket on the 401 by Cornwall. The officer said I was going 140 initially then dropped it to 130 (for the record I don't believe for a second I was going 140, that's way faster than I would ever intentionally drive). I filled out the info on the back of the notice to request a…
I was recently charged with stunt driving on a 60kmh road. When I was pulled over, the officer told me I was going almost 100kmh (still 40kmh above the limit) but was charging me for stunt driving because I accelerated quickly from an intersection on an empty road (in a straight line). I know…
what to do about a an illegal right turn onto steeles from staines rd
got the ticket around october of last year
put it to trial
so there is a big mess of cars at this intersection and I see a cop outside standing directing traffic with a huge row of cars pulled over to the side, through…
Are any non-domestic vehicles "pursuit-rated" in North America? Also have the Michigan State Police (this is relevant because apparently they have the most accepted selection/testing process) tested any of them to see if they meet their criteria? Just curious...
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for…
A friend got a ticket Jan. 9th of this year for doing 110 kph in a 90 kph zone, so 20 over.
What should the set fine and total payable read?
It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.
An OPP officer ticketed me claiming I was going 40km/h over the limit (140km/km) on my way home with a few friends on the 401. This is my first ever speeding offense. Although I am sure I was over the limit, I am almost certain that I was not going 40 over, more realistically closer to 30 over. The…
Yesterday night I was charged for stunt driving (excess over 50km/h) and I have a few inquiries. I'm sure you've all heard the same story, but the unmarked cop in an SUV was tailing me for a good 2-3 minutes as I was travelling 120~135 km/h. Then as he came close I decided to boot it up…
I had a speeding ticket in May 2013 which brought me to 9 demerit points out of 15. I received a letter and had to attend an interview. Due to a history of speeding tickets and a previous interview a few years prior, the interviewer decided to put me on zero tolerance for a year. Meaning if I…
