Help ! I was travelling to the US thru Niagara Falls on Friday after work, when I changed lanes and then realized it was an off ramp. there was a mini van to my left and I made eye contact with the driver, like, help ! then I sped up and passed him as the lane was ending for the exit. Of course, there was an unmarked cop and he pulled me over right away. Told me I was speeding and improper pass, well I had to speed to pass the guy. Anyways he gave me a ticket for 'pass on right- not in safety' and said he was letting me off for speeding ( he didn't know exactly how fast I was going ). This is my fist offence in 7? years and 3 demerit points. I need to fight this. any clues ??
Help ! I was travelling to the US thru Niagara Falls on Friday after work, when I changed lanes and then realized it was an off ramp. there was a mini van to my left and I made eye contact with the driver, like, help ! then I sped up and passed him as the lane was ending for the exit. Of course, there was an unmarked cop and he pulled me over right away. Told me I was speeding and improper pass, well I had to speed to pass the guy. Anyways he gave me a ticket for 'pass on right- not in safety' and said he was letting me off for speeding ( he didn't know exactly how fast I was going ).
This is my fist offence in 7? years and 3 demerit points. I need to fight this.
This one is going to be pretty hard to fight. Just about every argument you could make in your defence, the Prosecutor will have an answer for. If you dove across the bullnose (solid white line) to re-enter traffic, particularly after speeding up to get in front of the other driver, it will be difficult to win if it goes to trial. If you made a lane change and the lines were still broken, you might be okay, and able to argue that you safely made the lane change and did not cut anyone off. The problem is that the officer and the Prosecutor are likely going to say that you were trying to pass, instead of accidentally entering an off-ramp and then trying to stay on the highway. It would be a bit of a crapshoot with the JP if it went to trial... because here are some arguments you might've tried versus what the Prosecutor would argue: You: "I realized it was an off-ramp, and had to stay on the highway." Prosecutor: "You should have taken the ramp and then re-entered the highway. The highway would still be there." You: "I had to speed up to pass the guy." Prosecutor: "You should have slowed down and got in behind him, or just got off the highway and back on." You: "I didn't know it was an off ramp until the last second." Prosecutor: "You should have been paying closer attention to the road." Plea-bargaining might be in your best interest in this case... something like "disobey sign" or "unauthorized use of the shoulder." But, file for disclosure and see how it goes.
This one is going to be pretty hard to fight. Just about every argument you could make in your defence, the Prosecutor will have an answer for. If you dove across the bullnose (solid white line) to re-enter traffic, particularly after speeding up to get in front of the other driver, it will be difficult to win if it goes to trial. If you made a lane change and the lines were still broken, you might be okay, and able to argue that you safely made the lane change and did not cut anyone off. The problem is that the officer and the Prosecutor are likely going to say that you were trying to pass, instead of accidentally entering an off-ramp and then trying to stay on the highway. It would be a bit of a crapshoot with the JP if it went to trial... because here are some arguments you might've tried versus what the Prosecutor would argue:
You: "I realized it was an off-ramp, and had to stay on the highway."
Prosecutor: "You should have taken the ramp and then re-entered the highway. The highway would still be there."
You: "I had to speed up to pass the guy."
Prosecutor: "You should have slowed down and got in behind him, or just got off the highway and back on."
You: "I didn't know it was an off ramp until the last second."
Prosecutor: "You should have been paying closer attention to the road."
Plea-bargaining might be in your best interest in this case... something like "disobey sign" or "unauthorized use of the shoulder." But, file for disclosure and see how it goes.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I have a lot of issues with the idea that speed measuring devices like radar and lidar guns are using computer generated simulations to test themselves that they are working properly. The manufacturer is making a claim that a device can test itself. Where's the proof that it works?
I was pulled over a couple days ago going down a steep incline on my way to Cobourg. In order to get up a hill in my vehicle, I have to go at least 90 or it gets stuck between gears and then when I was going down the hill I wasn't riding my brake or touching the gas, it just gained speed. When I…
Question, mrsbobajob, a while ago, went to a sleep went to a sleep clinics, due to snoring, not sure if sleep apnea. Now someone told her that if she does have SA, her insurance needs to know and it will go on her license. So she didnt go to pick up her report.
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS…
alright well last night (march 19th) at 12:55 am i had recieved 2 tickets the first was failing to stop at a stop sign (i did a rolling stop) and it was dated the 19th the second ticket that i got at the exact same time was dated the 18th. The second one was because i had a blood alcohol level of…
I received a speeding ticket for 15 over in York Region. The officer issued me a ticket for someone else[wrong DL info on ticket] but for correct charge and amount. The ticket was not hand written but computer generated. I am concerned how to proceed with this as well as if the officer issued my…
i was in a road traffic accident on friday. a guy pulled out of a side road onto a main highway in front of me. i hit him in the middle of the road but was swerving left to hit him on the front and not cause a major accident. i was charged with failing to drive in a marked lane and he was charged…
i have a g2 license which was suspended for driving without a g1 driver for 30 days and my insurance cancel me . after i receive my letter to remove suspend, i got in an accident and now receive a notice to go to the police station
I was issued a Summons to Defendant, Section 7.1.b, and now I got to appear in court. Where could I find information on set fine amounts or the maximum punishment? Is it normal to be dragged to court for plate not properly displayed? After all, it is not a moving violation, and I wasnt endangering…
