Hi there, Received a Ticket quoting Section 154(1)(b) of the HTA while driving on a 5 lane highway (two lanes designated in each direction plus a middle centre lane for left turns) in the City of Hamilton on Friday. I was travelling westbound and signalled to make a left hand turn, went into the centre lane designated for both directions to make the left turn, but failed to make the turn because I missed the residential street (streets are poorly indicated and I do not know Waterdown as I've only been there once before). I decided to re-merge with westbound traffic to make the next turn, but Officer (going eastbound) made a u-turn and ticketed me for using the centre lane improperly, telling me that I used the centre lane as a passing lane. I explained to him that I missed the left turn and re-merged with traffic, but he said that he was giving me the ticket because in his estimation I was going "a little fast". I told him that my speed was according to the limit and that I had re-accelerated to merge with traffic. I received no speeding ticket, and I was not speeding according to the posted limit anyhow. He said I was going a little fast for a left turn, and I told him that the street was poorly indicated, so I had aborted the left hand turn and accelerated to merge back in with traffic as I felt I couldn't make the turn safely, and that is why he perceived my speed as "a little fast" for the turn. When I read the section of the HTA, it doesn't make sense to me. Firstly, I thought three lane highways were those such as QEW, and not 5 lane highways. Do they refer to the centre lane that is used by both directions as the "third" lane? Then, it says that "a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn". If this is the right subsection, I don't see where I used the centre lane improperly given that this subsection allows me to do what I did, which was to use the centre lane to make the left turn, aborted it, and re-merged with traffic in a safe manner. My intention was to turn left but I did end up coming out ahead of the vehicle that was directly ahead of me before I signalled to the centre lane because I had decellerated down from about 55km, he was doing about 40-45 in a 60km zone (and had accumulated a line behind him, with the driver behind me closing in behind him thus preventing me from re-merging in my old spot), so I accellerated because I needed to get out of the turning lane, and he was just a little bit behind me when I aborted the turn (the nose of his vehicle was at my front passenger door). In any event, the subsection allows this according to the bolded print above, so I am a little confused. Could someone provide some clarification on this section of the HTA? The last ticket I got was for having my front licence plate removed (somebody ripped it off while it was parked on the street unbeknownst to me, so I didn't even know it was gone!!!) in 1995, so I haven't had this situation happen to me, and especially not a moving violation such as this. I'm a bit taken aback. I am also a paralegal (but in Real Estate) so while I did study the HTA along with the POA, it's not in practice. I know a little knowledge is more dangerous than none at all, so I am here hoping someone can clear this up for me. Many, MANY thanks in advance. Where highway divided into lanes - 154. (1) Where a highway has been divided into clearly marked lanes for traffic, (a) a vehicle shall be driven as nearly as may be practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety; (b) in the case of a highway that is divided into three lanes, a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn, or where the centre lane is at the time designated for the use of traffic moving in the direction in which the vehicle is proceeding and official signs are erected to indicate the designation; (c) any lane may be designated for slowly moving traffic, traffic moving in a particular direction or classes or types of vehicles and, despite section 141, where a lane is so designated and official signs indicating the designation are erected, every driver shall obey the instructions on the official signs. R.S.O. 1990, c. H.8, s. 154 (1). Exception (2) Where safety is not jeopardized, clauses (1) (b) and (c) do not apply to road service vehicles and clause (1) (c) does not apply to road-building machines or apparatus while engaged in the construction of a highway. R.S.O. 1990, c. H.8, s. 154 (2).
Hi there,
Received a Ticket quoting Section 154(1)(b) of the HTA while driving on a 5 lane highway (two lanes designated in each direction plus a middle centre lane for left turns) in the City of Hamilton on Friday. I was travelling westbound and signalled to make a left hand turn, went into the centre lane designated for both directions to make the left turn, but failed to make the turn because I missed the residential street (streets are poorly indicated and I do not know Waterdown as I've only been there once before). I decided to re-merge with westbound traffic to make the next turn, but Officer (going eastbound) made a u-turn and ticketed me for using the centre lane improperly, telling me that I used the centre lane as a passing lane. I explained to him that I missed the left turn and re-merged with traffic, but he said that he was giving me the ticket because in his estimation I was going "a little fast". I told him that my speed was according to the limit and that I had re-accelerated to merge with traffic. I received no speeding ticket, and I was not speeding according to the posted limit anyhow. He said I was going a little fast for a left turn, and I told him that the street was poorly indicated, so I had aborted the left hand turn and accelerated to merge back in with traffic as I felt I couldn't make the turn safely, and that is why he perceived my speed as "a little fast" for the turn.
When I read the section of the HTA, it doesn't make sense to me. Firstly, I thought three lane highways were those such as QEW, and not 5 lane highways. Do they refer to the centre lane that is used by both directions as the "third" lane? Then, it says that "a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn".
If this is the right subsection, I don't see where I used the centre lane improperly given that this subsection allows me to do what I did, which was to use the centre lane to make the left turn, aborted it, and re-merged with traffic in a safe manner. My intention was to turn left but I did end up coming out ahead of the vehicle that was directly ahead of me before I signalled to the centre lane because I had decellerated down from about 55km, he was doing about 40-45 in a 60km zone (and had accumulated a line behind him, with the driver behind me closing in behind him thus preventing me from re-merging in my old spot), so I accellerated because I needed to get out of the turning lane, and he was just a little bit behind me when I aborted the turn (the nose of his vehicle was at my front passenger door). In any event, the subsection allows this according to the bolded print above, so I am a little confused.
Could someone provide some clarification on this section of the HTA? The last ticket I got was for having my front licence plate removed (somebody ripped it off while it was parked on the street unbeknownst to me, so I didn't even know it was gone!!!) in 1995, so I haven't had this situation happen to me, and especially not a moving violation such as this. I'm a bit taken aback. I am also a paralegal (but in Real Estate) so while I did study the HTA along with the POA, it's not in practice. I know a little knowledge is more dangerous than none at all, so I am here hoping someone can clear this up for me. Many, MANY thanks in advance.
Where highway divided into lanes - 154.
(1) Where a highway has been divided into clearly marked lanes for traffic,
(a) a vehicle shall be driven as nearly as may be practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety;
(b) in the case of a highway that is divided into three lanes, a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn, or where the centre lane is at the time designated for the use of traffic moving in the direction in which the vehicle is proceeding and official signs are erected to indicate the designation;
(c) any lane may be designated for slowly moving traffic, traffic moving in a particular direction or classes or types of vehicles and, despite section 141, where a lane is so designated and official signs indicating the designation are erected, every driver shall obey the instructions on the official signs. R.S.O. 1990, c. H.8, s. 154 (1).
Exception
(2) Where safety is not jeopardized, clauses (1) (b) and (c) do not apply to road service vehicles and clause (1) (c) does not apply to road-building machines or apparatus while engaged in the construction of a highway. R.S.O. 1990, c. H.8, s. 154 (2).
Last edited by Marquisse on Wed Jul 15, 2009 3:33 pm, edited 1 time in total.
Hi Reflections, thanks for your response. There was no argument, and actually the both of us were quite professional and pleasant despite the circumstances. An explanation of what transpired when he first approached my car and told me I used the centre lane for passing was really all that took place, and he was also gracious enough to give me directions to the street I was actually looking for when I asked. I did correct him though when he told me it was zero points. :wink: I'm still not understanding why this Section was cited when it says that the centre lane CAN be used in such a manner?
Hi Reflections, thanks for your response.
There was no argument, and actually the both of us were quite professional and pleasant despite the circumstances. An explanation of what transpired when he first approached my car and told me I used the centre lane for passing was really all that took place, and he was also gracious enough to give me directions to the street I was actually looking for when I asked.
I did correct him though when he told me it was zero points.
I'm still not understanding why this Section was cited when it says that the centre lane CAN be used in such a manner?
Did you receive an offence notice or summons along with the certificate of offence? If Waterdown is not part of a prescribed part of Ontario within the meaning of the POA your ticket is unenforcable. Check the list below, if Waterdown is not within the list it is not within a prescribed part of Ontario. Therefore, if you received an offence notice (not a summons) and you're not within prescribed part of Ontario COMPLETELY IGNORE THE TICKET. The court cannot set a trial date unless you foolishly give notice of an intention to appear in court. Prescribed part of Ontario http://www.e-laws.gov.on.ca/html/regs/e ... 0950_e.htm City of Hamilton City of Kawartha Lakes City of Ottawa City of Toronto County of Dufferin County of Essex County of Haliburton County of Northumberland County of Peterborough District Municipality of Muskoka Haldimand County Regional Municipality of Durham Regional Municipality of Halton Regional Municipality of Peel Regional Municipality of Waterloo Regional Municipality of York
Did you receive an offence notice or summons along with the certificate of offence?
If Waterdown is not part of a prescribed part of Ontario within the meaning of the POA your ticket is unenforcable. Check the list below, if Waterdown is not within the list it is not within a prescribed part of Ontario.
Therefore, if you received an offence notice (not a summons) and you're not within prescribed part of Ontario COMPLETELY IGNORE THE TICKET.
The court cannot set a trial date unless you foolishly give notice of an intention to appear in court.
Hi Lawman, Waterdown is a part of the City of Hamilton due to an amalgamation that took place in January 2001. The only other thing I received with the ticket (yellow) was the slip to include if/when I made my payment (the size of the envelope), and the envelope to use if/when I mailed in payment. I don't think I received a summons(?). I was going to ask for a first attendance this week and plea for dismissal or for at least a 0 points. If it was refused by the Prosecutor I was going to then request disclosure and then get a paralegal to represent me in trial. I just spoke to a lawyer and to a paralegal. The lawyer said that the ticket cites the wrong section for the road I was driving on, and the paralegal said that it was the right section but was just as confused as I as to the subsection given that it allows for passing AND left hand turns? I am REALLY confused now.
Hi Lawman,
Waterdown is a part of the City of Hamilton due to an amalgamation that took place in January 2001.
The only other thing I received with the ticket (yellow) was the slip to include if/when I made my payment (the size of the envelope), and the envelope to use if/when I mailed in payment.
I don't think I received a summons(?).
I was going to ask for a first attendance this week and plea for dismissal or for at least a 0 points. If it was refused by the Prosecutor I was going to then request disclosure and then get a paralegal to represent me in trial.
I just spoke to a lawyer and to a paralegal. The lawyer said that the ticket cites the wrong section for the road I was driving on, and the paralegal said that it was the right section but was just as confused as I as to the subsection given that it allows for passing AND left hand turns?
Hahaha, you aren't kidding! This isn't my first introduction. I'm a real estate paralegal, so I know how confusing it is. I'm hoping that someone here knows how ss154(1)(b) is interpreted and applied, as I'm either reading it wrong, or the officer was, and so far the paralegals and lawyer I've contact have said that it's either the wrong section or that the charge doesn't make sense given that the section allows for it. How can I be charged with using the centre lane improperly with the officer saying I improperly used the centre lane as a passing/overtaking of another vehicle when subsection 154(1)(b) says that it is permissable!?
Welcome to the law........
Hahaha, you aren't kidding!
This isn't my first introduction. I'm a real estate paralegal, so I know how confusing it is.
I'm hoping that someone here knows how ss154(1)(b) is interpreted and applied, as I'm either reading it wrong, or the officer was, and so far the paralegals and lawyer I've contact have said that it's either the wrong section or that the charge doesn't make sense given that the section allows for it.
How can I be charged with using the centre lane improperly with the officer saying I improperly used the centre lane as a passing/overtaking of another vehicle when subsection 154(1)(b) says that it is permissable!?
I just read your first message. Very interesting. HTA s. 154(1)(b) does say you can use the turning lane as a passing lane. You committed no violation. Use the French Languge Service Act defence in addition to arguing you violated no s. 154 provision. The turning lane being used as a passing lane is funny!
I just read your first message. Very interesting. HTA s. 154(1)(b) does say you can use the turning lane as a passing lane.
You committed no violation.
Use the French Languge Service Act defence in addition to arguing you violated no s. 154 provision.
The turning lane being used as a passing lane is funny!
Hi Lawman, Thank you VERY much for your response. So I am NOT reading it wrong, then. Phiew :? . I even read it upside down to give it another perspective, lol. Can you explain briefly what the French Language Service Act defense is? If I can stretch my memory back to school, is it when the ticket must be in both official languages to be "on it's face" legitimate according to the POA? I'll have to check the ticket tonight, as I don't remember if the little sections on that small rectangular yellow sheet offered descriptions simultaneously in English and in French. Honestly, can I argue that with a straight face to the prosecutor? I will do it, but it's very technical (just like 50% of my other argument). Also, I will not have the chance to have a First Attendance; only to request a trial date and maybe see the prosecutor 15 minutes before court starts on the day of my trial. I'll request disclosure once I receive my trial date notice. They only offer First Attendances to those with Careless Driving, speeding over 49km, etc. Also, is this a strict liability charge?
Hi Lawman,
Thank you VERY much for your response. So I am NOT reading it wrong, then. Phiew . I even read it upside down to give it another perspective, lol.
Can you explain briefly what the French Language Service Act defense is? If I can stretch my memory back to school, is it when the ticket must be in both official languages to be "on it's face" legitimate according to the POA? I'll have to check the ticket tonight, as I don't remember if the little sections on that small rectangular yellow sheet offered descriptions simultaneously in English and in French.
Honestly, can I argue that with a straight face to the prosecutor? I will do it, but it's very technical (just like 50% of my other argument). Also, I will not have the chance to have a First Attendance; only to request a trial date and maybe see the prosecutor 15 minutes before court starts on the day of my trial. I'll request disclosure once I receive my trial date notice. They only offer First Attendances to those with Careless Driving, speeding over 49km, etc.
The French defence is that the street sign is not bilingual, the cop never spoke to you in both languages, and the text the cop added to the ticket is not in both languages. There is a thread or two on this site relating to the issue. You'd have to look for them. If you click on my name and search all my posts you'll find it quite easily. The penalty for s. 154 falls under s. 214. In my view this is an absolute liability offence given the penalty states you are guilty. This means you can only attack the cops evidence, and you can still beat the ticket on his evidence, because his evidence will not demonstrate you violated the provision. If on the other hand the court claims its a strict liability, you can file your due diligence defence. But it's impossible to have a due diligence defence in this case, because you haven't violated any law. General penalty 214. (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $500. Cops evidence: I gave him a ticket because he was using the middle lane as a passing lane. Justice: But the turning lane can legally be used as a passing lane under the section you charged him under. Cop: Really? Cop: Well, he was going too fast in the passing lane. Justice: But you never gave him a speeding ticket. Cop: Oh I know that, he wasnt speeding; he was just going too fast.
The French defence is that the street sign is not bilingual, the cop never spoke to you in both languages, and the text the cop added to the ticket is not in both languages.
There is a thread or two on this site relating to the issue. You'd have to look for them. If you click on my name and search all my posts you'll find it quite easily.
The penalty for s. 154 falls under s. 214. In my view this is an absolute liability offence given the penalty states you are guilty. This means you can only attack the cops evidence, and you can still beat the ticket on his evidence, because his evidence will not demonstrate you violated the provision.
If on the other hand the court claims its a strict liability, you can file your due diligence defence. But it's impossible to have a due diligence defence in this case, because you haven't violated any law.
General penalty
214. (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $500.
Cops evidence: I gave him a ticket because he was using the middle lane as a passing lane.
Justice: But the turning lane can legally be used as a passing lane under the section you charged him under.
Cop: Really?
Cop: Well, he was going too fast in the passing lane.
Justice: But you never gave him a speeding ticket.
Cop: Oh I know that, he wasnt speeding; he was just going too fast.
Just created that bulletproof defence yesterday. The comedy of it all is that the POA is 19 years old. Ontario has over 10,000 lawyers, and thousands of paralegals, hundreds of lawmaking politicians, yet no one but me spotted this massive fatal flaw in the POA. Look for yourself. http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK73 Try and point out how the court can set a trial date for those not in a prescribed part of Ontario when the accused does not serve an intention to appear. No provision exist, and if you claim otherwise, please post the section.
Just created that bulletproof defence yesterday.
The comedy of it all is that the POA is 19 years old. Ontario has over 10,000 lawyers, and thousands of paralegals, hundreds of lawmaking politicians, yet no one but me spotted this massive fatal flaw in the POA.
Try and point out how the court can set a trial date for those not in a prescribed part of Ontario when the accused does not serve an intention to appear.
No provision exist, and if you claim otherwise, please post the section.
I think the wrong clause was cited. From what the officer seems to think you did, (c) looks like the correct clause - official signs (or lane markings) were present indicating that the centre lane is only to be used as a turning lane. I'm not entirely familiar with that area, but I think it's actually a five-lane road - a centre lane with two lanes for each direction. In that case I don't think 154 (1) (b) applies at all.
I think the wrong clause was cited. From what the officer seems to think you did, (c) looks like the correct clause - official signs (or lane markings) were present indicating that the centre lane is only to be used as a turning lane.
I'm not entirely familiar with that area, but I think it's actually a five-lane road - a centre lane with two lanes for each direction. In that case I don't think 154 (1) (b) applies at all.
Yes, I think (c) is the correct one as well considering what the officer said he thought I did. So I will argue that I committed no violation based on the law cited on the Certificate of Offense, but they can give the officer an opportunity to change the charge within six months, can't they? It seems quite unjust that they allow this, but it may be that my trial won't be for 4-6 months anyway. If that happens and the section is changed, what do I argue, the French Language Act defense? Has anyone used that defense and the judge allowed it? This is a first for me in court, so I'm VERY green and nervous. I don't want to make an arse of myself.
Yes, I think (c) is the correct one as well considering what the officer said he thought I did. So I will argue that I committed no violation based on the law cited on the Certificate of Offense, but they can give the officer an opportunity to change the charge within six months, can't they? It seems quite unjust that they allow this, but it may be that my trial won't be for 4-6 months anyway. If that happens and the section is changed, what do I argue, the French Language Act defense? Has anyone used that defense and the judge allowed it?
This is a first for me in court, so I'm VERY green and nervous. I don't want to make an arse of myself.
I need opinions, plz! This is what I'm thinking on this. I go to trial and as a defense tell the justice that I did not commit an offense because the subsection 154(1)(b) cited specifically allows what I did, which was to prepare for a left turn, abort it, and merge again with traffic. When the The officer/prosecutor alleges that I used the middle lane to overtake another vehicle, I will point out that this too is allowed under the subsection. Is this citation of S154(1)(b) a "fatal flaw"? The description on the ticket only says that I used the centre lane improperly, not what exactly he said I did. It's very ambiguous. Advice from those experienced would be greatly appreciated! I very much want to do this myself for my own experience, and only plan on speaking to the prosecutor before the trial to try to reduce the ticket to o points. If they offer any less than that, I will go to trial.
I need opinions, plz!
This is what I'm thinking on this. I go to trial and as a defense tell the justice that I did not commit an offense because the subsection 154(1)(b) cited specifically allows what I did, which was to prepare for a left turn, abort it, and merge again with traffic. When the The officer/prosecutor alleges that I used the middle lane to overtake another vehicle, I will point out that this too is allowed under the subsection.
Is this citation of S154(1)(b) a "fatal flaw"? The description on the ticket only says that I used the centre lane improperly, not what exactly he said I did. It's very ambiguous.
Advice from those experienced would be greatly appreciated! I very much want to do this myself for my own experience, and only plan on speaking to the prosecutor before the trial to try to reduce the ticket to o points. If they offer any less than that, I will go to trial.
I think this is a valid defence. Since you're a paralegal I'm sure you're comfortable with court proceedings. I also like your strategy of plea-bargaining and if it does not work, then go to trial. See if they can offer you a municipal by-law infraction, because that will keep the ticket away from your driving record and, more importantly, your insurance company!
Marquisse wrote:
This is what I'm thinking on this. I go to trial and as a defense tell the justice that I did not commit an offense because the subsection 154(1)(b) cited specifically allows what I did, which was to prepare for a left turn, abort it, and merge again with traffic. When the The officer/prosecutor alleges that I used the middle lane to overtake another vehicle, I will point out that this too is allowed under the subsection.
I think this is a valid defence. Since you're a paralegal I'm sure you're comfortable with court proceedings. I also like your strategy of plea-bargaining and if it does not work, then go to trial. See if they can offer you a municipal by-law infraction, because that will keep the ticket away from your driving record and, more importantly, your insurance company!
Thanks RI! I am not comfortable in court proceedings, though. As a paralegal, most of my work is in drafting and researching in RE law. I've been to court and I know the law through education, but I've yet to argue a case in a Provincial Offenses court. That's why I wanted to hear from others regarding the validity of my argument. Of course the Justice will be the final arbiter, but it's good to bounce ideas off of others.
Thanks RI!
I am not comfortable in court proceedings, though. As a paralegal, most of my work is in drafting and researching in RE law. I've been to court and I know the law through education, but I've yet to argue a case in a Provincial Offenses court. That's why I wanted to hear from others regarding the validity of my argument. Of course the Justice will be the final arbiter, but it's good to bounce ideas off of others.
As Squishy pointed out, I don't think it is allowed. I have only seen a "shared" passing lane once; on Hwy 11 up near New Liskard. All the other shared centre lanes I have seen (including in my city) are clearly marked with left turn arrows. I don't think those arrows can be ignored. But I still think you have a good case. The officer clearly believes you used the centre lane to pass a vehicle. He has no way of really knowing your intent. he can only form an opinion. I'm sure lots of people get in the turning lane only to find it impossible to complete the turn for one reason or another. You just have to explain your reason to the JP.
Marquisse wrote:
... When the The officer/prosecutor alleges that I used the middle lane to overtake another vehicle, I will point out that this too is allowed under the subsection.
As Squishy pointed out, I don't think it is allowed. I have only seen a "shared" passing lane once; on Hwy 11 up near New Liskard. All the other shared centre lanes I have seen (including in my city) are clearly marked with left turn arrows. I don't think those arrows can be ignored.
But I still think you have a good case. The officer clearly believes you used the centre lane to pass a vehicle. He has no way of really knowing your intent. he can only form an opinion. I'm sure lots of people get in the turning lane only to find it impossible to complete the turn for one reason or another. You just have to explain your reason to the JP.
Hi Bookm, I agree, but where the confusion comes in is in the subsection cited. Can they argue that according to the section I was charged under, I commited no offense, but that the appropriate subsection is actually 154 (1)(c) and then change it? This is why I have no intention of letting the prosecutor know beforehand of this and will only present this argument if it comes to trial. If for safety reasons I had to abort the left and re-merge (because I knew that to use the centre lane to continue on was not allowed and there was no place for me to make the left turn into), I'm asserting a defense of necessity. I am making too many assumptions or have procedure wrong?
Hi Bookm,
I agree, but where the confusion comes in is in the subsection cited. Can they argue that according to the section I was charged under, I commited no offense, but that the appropriate subsection is actually 154 (1)(c) and then change it? This is why I have no intention of letting the prosecutor know beforehand of this and will only present this argument if it comes to trial.
If for safety reasons I had to abort the left and re-merge (because I knew that to use the centre lane to continue on was not allowed and there was no place for me to make the left turn into), I'm asserting a defense of necessity.
I am making too many assumptions or have procedure wrong?
154 (1) (b) applies only to a three-lane road. You were on a five-lane road, in which case you can argue that this clause neither prohibited nor allowed your actions (with strong emphasis on "did not prohibit"). I'm not sure if they can turn around and issue a new ticket, though.
154 (1) (b) applies only to a three-lane road. You were on a five-lane road, in which case you can argue that this clause neither prohibited nor allowed your actions (with strong emphasis on "did not prohibit").
I'm not sure if they can turn around and issue a new ticket, though.
Last edited by Squishy on Thu Jul 16, 2009 1:55 pm, edited 1 time in total.
Ya, I'd do the same as you Marquisse. I would keep my questions (and closing statement) specific to the subsection listed on your ticket. If the crown tried to amend the ticket, I would object as I have appeared on my court date to defend myself against the charging document only. I would argue that amending the ticket would deprive me of the right to a fair trial on this, my scheduled court date, and the cost of missing another day from work if a continuance were granted, is too high.
Ya, I'd do the same as you Marquisse. I would keep my questions (and closing statement) specific to the subsection listed on your ticket. If the crown tried to amend the ticket, I would object as I have appeared on my court date to defend myself against the charging document only. I would argue that amending the ticket would deprive me of the right to a fair trial on this, my scheduled court date, and the cost of missing another day from work if a continuance were granted, is too high.
I did some further digging and found that the French Language defense likely won't work for me because the City of Hamilton is only included in the 25 regions that must comply with the French Language Act as it existed on December 31, 2000. Waterdown did not amalgamate to become part of the City of Hamilton until January, 2001 and was previously a part of the East Flamborough Twnshp. That little bit of digging I do believe saved me a red face in court!!! :oops:
I did some further digging and found that the French Language defense likely won't work for me because the City of Hamilton is only included in the 25 regions that must comply with the French Language Act as it existed on December 31, 2000.
Waterdown did not amalgamate to become part of the City of Hamilton until January, 2001 and was previously a part of the East Flamborough Twnshp.
That little bit of digging I do believe saved me a red face in court!!!
No, I haven't received a date yet, so I haven't been able to request disclosure. Once I look over it, I'll decide then whether or not to defend myself or hire someone to.
No, I haven't received a date yet, so I haven't been able to request disclosure. Once I look over it, I'll decide then whether or not to defend myself or hire someone to.
Just an update here. Do you know that I haven't received a date yet for court?! I called at the end of August and she said that they are backed up (this is the at the John Sopinka courthouse) and to wait another three weeks. Well, it's now 5 weeks later.....nothing in the mail. WWYD? Call again? I'm going to request disclosure the moment I get notice, but pass this off to a classmate of mine who works at a Traffic Ticket place just around the corner from my work. They've got the experience to do it, but I'd like to be there to see it.
Just an update here. Do you know that I haven't received a date yet for court?! I called at the end of August and she said that they are backed up (this is the at the John Sopinka courthouse) and to wait another three weeks. Well, it's now 5 weeks later.....nothing in the mail. WWYD? Call again? I'm going to request disclosure the moment I get notice, but pass this off to a classmate of mine who works at a Traffic Ticket place just around the corner from my work. They've got the experience to do it, but I'd like to be there to see it.
I'd try calling them again. Once the PON is filed by the officer, the Crown Prosecutor can look up the info and track down the officer (get the notes, etc). So it's in the system, even though the court date hasn't been set yet.
I'd try calling them again.
racer wrote:
Well, apparently now you can ask for disclosure before even getting the court date, as some members have indicated.
Once the PON is filed by the officer, the Crown Prosecutor can look up the info and track down the officer (get the notes, etc). So it's in the system, even though the court date hasn't been set yet.
Well, I called the John Sopinka courthouse again yesterday and, finally, have a court date for mid-January. Do any of you know if I can get the forms for requesting disclosure online, or do I have to stop into the courthouse again to obtain one (the previous copy handed to me in July is severely dog-eared from being in my purse for so long)?
I went to court on Thursday and ended up asking for an adjournment because the crown gave me disclosure (about 3 lines of the officer's notes :roll: ) 30 seconds prior to calling my name. The officer's note mentioned that he saw me drive in the centre lane for about 200-300 meters. IMPOSSIBLE. Look, I'm no police basher like we often get here, but this guy is F.O.S. There is no way this fibber saw me driving that distance (not that it matters, section 154.(1)(b) does not prohibit it anyhow) because there is a HILL that he crested just as I was entering the lane to my right! When I saw this I thought "how in the world do I discredit a police officer who is not being truthful in his notes in a palatable way in court!?"! So, I asked for an adjournment to consult a paralegal I know. I think I'm going to ask him to represent me because now I am piqued. I conducted myself with professionalism when addressing the court and, quite frankly, I think surprised and P.O'ed the officer because when I turned around to leave, he gave me his best stink eye. I smiled, bowed to the justice, and left. Anyway, there's my dramatic update. The crown tried to say the late disclosure was due to my error and late request, but I told the justice that the reason for the late request for disclosure was due to the PO Office's failure to provide Notice for Trial.
I went to court on Thursday and ended up asking for an adjournment because the crown gave me disclosure (about 3 lines of the officer's notes ) 30 seconds prior to calling my name.
The officer's note mentioned that he saw me drive in the centre lane for about 200-300 meters. IMPOSSIBLE. Look, I'm no police basher like we often get here, but this guy is F.O.S. There is no way this fibber saw me driving that distance (not that it matters, section 154.(1)(b) does not prohibit it anyhow) because there is a HILL that he crested just as I was entering the lane to my right! When I saw this I thought "how in the world do I discredit a police officer who is not being truthful in his notes in a palatable way in court!?"!
So, I asked for an adjournment to consult a paralegal I know. I think I'm going to ask him to represent me because now I am piqued.
I conducted myself with professionalism when addressing the court and, quite frankly, I think surprised and P.O'ed the officer because when I turned around to leave, he gave me his best stink eye. I smiled, bowed to the justice, and left.
Anyway, there's my dramatic update. The crown tried to say the late disclosure was due to my error and late request, but I told the justice that the reason for the late request for disclosure was due to the PO Office's failure to provide Notice for Trial.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…