Improper passing - section 148 of the Ontario Highway Traffic Act.
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Joined: Mon Apr 25, 2011 6:17 pm

Pass Off Roadway - Hwy 404 - Trial 26apr11

by: bazan on

Hi all,

My spouse just let me know that she has a trial for "Pass off Roadway" set for tomorrow (why so last min notice ... let's spare the long story for now). She was travelling southbound 404 exiting to the Sheppard (near Fairview Mall) and was given a ticket for contrary to HWY Traffic ACT section 150 (2) because she crossed the lane a bit too early . There was a triangular shoulder for traffic merging into 404 southbound and she crossed the lane too early getting into the sheppard collector lane. She selected option 3 when she got the ticket (June 10, 2010) and received notice of Trial Oct 4, 2010 and Trial date given is tomorrow (Apr 26, 2011). It never crossed her mind until now that she need to request for disclosure or file a motion to reschedule court date. What is my best option for tomorrow? Can I go to court on her behalf and reschedule court date (say she gone to an emergency business trip)? or Can she use the excuse that she was just made aware she can request disclosure just now and that she has not and need time to prepare ? Anyone here convicted of similar offence and successfully challenge the charge?

Any help is appreciated at this last minute.

Thanks in advance

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