Preparing to defend myself at trial, searched for 150(2) threads and defense strategies but did not find much. I was travelling on a paved 2 lane county road, vehicle ahead slowed, signalling left and started moving to left. An oncoming vehicle crested a hill so turning vehicle stopped abruptly. I had anticipated their turn and may or may not have been able to stop safely so instead of an emergency stop I moved to right to pass them, oncoming vehicle passed same time I did. Looking through the turning car I could see the officer and door of the cruiser as it passed. He turned around and issued me a 'permit' for pass off roadway. Met prosecutor, no alternate or lesser charges for this particular offence. I have received disclosure and there is very little information, it says car was waiting to turn on hill, I passed on right, and that I was polite but not too much more. He did make note that the gravel shoulder was 3 feet wide (he did not measure then) but it is over 5 feet (I went back to confirm). Nothing obvious to challenge on the ticket or notes. My thought is that because he passed at the same time it is impossible for him to see if my tires were on gravel at any time. I will measure lane width (take photos) and get specs of my vehicle and the turning vehicle width. My plan is to demonstrate there was sufficient space to pass on the paved portion and he was unable to see my tires at the time that it might be enough to drop the charge. It would be pretty tight mathematically. My question is will I just be setting myself up for a different charge because I am saying in court that I passed a vehicle on the right and used the same lane to do so? Would appreciate any feedback or thoughts on how to best to approach this situation without stepping on any obvious or not so obvious land mines as I am not well versed in court processes. As an aside my other thought would be to pursue a safety angle that I made the pass because A) the unexpected change of car stopping necessitated me passing on right to avoid rear ending them or B) in a vehicle sitting higher up than the car I could see oncoming vehicle and was worried of a pending collision that would push turning vehicle into me so I passed to get clear of scenario. Tallguy
Preparing to defend myself at trial, searched for 150(2) threads and defense strategies but did not find much. I was travelling on a paved 2 lane county road, vehicle ahead slowed, signalling left and started moving to left. An oncoming vehicle crested a hill so turning vehicle stopped abruptly. I had anticipated their turn and may or may not have been able to stop safely so instead of an emergency stop I moved to right to pass them, oncoming vehicle passed same time I did. Looking through the turning car I could see the officer and door of the cruiser as it passed. He turned around and issued me a 'permit' for pass off roadway.
Met prosecutor, no alternate or lesser charges for this particular offence. I have received disclosure and there is very little information, it says car was waiting to turn on hill, I passed on right, and that I was polite but not too much more. He did make note that the gravel shoulder was 3 feet wide (he did not measure then) but it is over 5 feet (I went back to confirm). Nothing obvious to challenge on the ticket or notes. My thought is that because he passed at the same time it is impossible for him to see if my tires were on gravel at any time. I will measure lane width (take photos) and get specs of my vehicle and the turning vehicle width. My plan is to demonstrate there was sufficient space to pass on the paved portion and he was unable to see my tires at the time that it might be enough to drop the charge. It would be pretty tight mathematically.
My question is will I just be setting myself up for a different charge because I am saying in court that I passed a vehicle on the right and used the same lane to do so? Would appreciate any feedback or thoughts on how to best to approach this situation without stepping on any obvious or not so obvious land mines as I am not well versed in court processes.
As an aside my other thought would be to pursue a safety angle that I made the pass because A) the unexpected change of car stopping necessitated me passing on right to avoid rear ending them or B) in a vehicle sitting higher up than the car I could see oncoming vehicle and was worried of a pending collision that would push turning vehicle into me so I passed to get clear of scenario.
Wouldn't work. The argument against would be if you were concerned enough about safety in the first place, you would have created a safe distance between you and the driver in front of you from the start. Ultimately, you created the unsafe situation because you are the one responsible for leaving a safe distance, not the driver in front.
As an aside my other thought would be to pursue a safety angle that I made the pass because A) the unexpected change of car stopping necessitated me passing on right to avoid rear ending them or B) in a vehicle sitting higher up than the car I could see oncoming vehicle and was worried of a pending collision that would push turning vehicle into me so I passed to get clear of scenario.
Wouldn't work. The argument against would be if you were concerned enough about safety in the first place, you would have created a safe distance between you and the driver in front of you from the start. Ultimately, you created the unsafe situation because you are the one responsible for leaving a safe distance, not the driver in front.
Thanks for your reply, I suppose similar argument could be made (me being too close) if I was stopped behind them and passed to avoid a pending collision with oncoming vehicle where they could be pushed into me. This is really a secondary thought if my initial strategy is flawed. My primary approach is still the issue of officer not being able to see my tires to verify if I left the paved portion of the roadway while passing. Is it illegal to pass a vehicle in the same lane if done safely (there is only a small paved shoulder so I was using a portion of their lane)? He did not opt to charge me with Pass On Right Not in Safety 150(1).
Wouldn't work. The argument against would be if you were concerned enough about safety in the first place, you would have created a safe distance between you and the driver in front of you from the start. Ultimately, you created the unsafe situation because you are the one responsible for leaving a safe distance, not the driver in front.
Thanks for your reply, I suppose similar argument could be made (me being too close) if I was stopped behind them and passed to avoid a pending collision with oncoming vehicle where they could be pushed into me. This is really a secondary thought if my initial strategy is flawed.
My primary approach is still the issue of officer not being able to see my tires to verify if I left the paved portion of the roadway while passing. Is it illegal to pass a vehicle in the same lane if done safely (there is only a small paved shoulder so I was using a portion of their lane)? He did not opt to charge me with Pass On Right Not in Safety 150(1).
Is part of the shoulder paved? Subsection 150 (3) allows a driver to pass in the manner you did when the vehicle ahead is turning left or the driver has signalled an intention to turn left and the shoulder is paved. If some of it is, you may be able to raise the argument that you reasonably believed the rest of the shoulder would be.
Is part of the shoulder paved? Subsection 150 (3) allows a driver to pass in the manner you did when the vehicle ahead is turning left or the driver has signalled an intention to turn left and the shoulder is paved. If some of it is, you may be able to raise the argument that you reasonably believed the rest of the shoulder would be.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Any suggestions on how to handle this? I can't afford to spend a day at the court 
