Hey guys, I was merging onto the 409E from Dixon Road this morning and the entire right lane was full of trucks. I tried to merge in but could not do so safely, I then noticed a car coming in behind me quite fast and decided that the best course of action would be to go onto the shoulder so as to avoid getting rear ended. I ended up crossing the bullnose at 409 and Martin Grove and lo and behold the OPP was waiting for me. I also have dashcam footage of my (unsuccessful) attempt to merge. Now I know I was in the wrong as I should have attempted to merge earlier, but I'm not from the area so I didn't realize it would be that difficult to merge in. I was charged with 'Fail to Drive in Marked Lane' contrary to HTA S. 154.1(a). From my research, it should have been 154(1)(a) as 154.1 is in regards to the HOV lane. The set fine is $85 with a total payable of $110. The officer told me that there are no points (audio recorded by dashcam) but it seems that there are, in fact, 3 points with this ticket. Just like everyone else, I don't want this on my record. What's the best course of action that I should take to have ticket dismissed, or at least reduced significantly? Thanks in advance.

Topic

Ticket while merging onto Highway

by: aminhamza95 on

16 Replies

iFly55
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Re: Ticket while merging onto Highway

Appeal Process: http://www.ontariohighwaytrafficact.com ... tml#p30086 Appeal Form: http://www.niagararegion.ca/living/prov ... A-0201.pdf
aminhamza95
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Re: Ticket while merging onto Highway

Hey guys. I'm filling out the appeal form and wanted some clarification. In questions 11 and 12, it asks me to put the details of the offence such as description, certificate number, statute. Since the section number on my ticket is incorrect, should I leave that blank or fill it out as it exactly appears on my ticket? Also, question 14 asks "plea at trial" though I did not request trial, should that be entered as 'guilty,' 'not guilty,' or 'not known'? For the grounds of appeal, I've simply written "The justice erred by convicting based on section 9(2)(a) of the Provincial Offences Act. The Justice erred and failed to examine the certificate of offence, as it is not complete and regular on its face." Is that enough detail or should I mention more? Thanks.

Hey guys.

I'm filling out the appeal form and wanted some clarification. In questions 11 and 12, it asks me to put the details of the offence such as description, certificate number, statute. Since the section number on my ticket is incorrect, should I leave that blank or fill it out as it exactly appears on my ticket?

Also, question 14 asks "plea at trial" though I did not request trial, should that be entered as 'guilty,' 'not guilty,' or 'not known'?

For the grounds of appeal, I've simply written "The justice erred by convicting based on section 9(2)(a) of the Provincial Offences Act. The Justice erred and failed to examine the certificate of offence, as it is not complete and regular on its face." Is that enough detail or should I mention more?

Thanks.

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