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.
I was stopped for allegedly doing 122 in a 90. I requested disclosure and like most received the minimum. The notes are just a photo copy with no explanations or typing. Only received parts of the manual that pertain to testing. Appears the officer was using a "Laser Atlanta Speed Laser", but no model or serial number is referenced in the notes. Testing is noted in two times written at the…
Hey guys, wanted to know if anyone has had a similar situation, and if you have any advice:
I was travelling E/B on Dundas St and had a green light to turn S/B on Spadina Ave. There's a no right on red sign, I observed it. I initiated my maneuver, slowly pulling my car into position to make the turn. This intersection is super busy, and there was a group of pedestrians who were painfully slowly…
This is the first traffic ticket that i have ever had, and i was wondering if someone could shoot me some of their advice as to how i could go about the case?
It was a red light, i approached the intersection and stopped, noticed two pedestrians on the right of me, and one officer on left and right of my vehicle, on the cross walks. They were pay duty for construction happening. I was waiting for…
I thank you in advance for the opportunity to share my concern here with you and also ask for help . I have a portfolio for 21 years, 16 years in class A / Z and with my Abastract / CVOR record both clean. I was stopped by an OPP on HWY 6 towards Tobermory, On just because I was above the allowed highway limit. According to the policeman, he told me that I reached 130km / h in an…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I was going southbound on 427 and exited at Queensway (Toronto). I needed to make a right turn and it is no right turn on red. So I stop on red light. There were 3 cars in front of me. I get the green arrow pointing right. So the cars turn right and when I was turning the green arrows just turned off. There was no amber. It just turned off. So I get pulled over…
Back on august 28th around 7 40 in the morning I got pulled over by a cop in a car that was not legally registered for the road yet, Stupid as it was i was literally just taking it for a drive on my street because it was sitting for so long My street is a residential street so i didn't think i cop would be turning on it anytime soon. But of course i got unlucky. He got me gave me 3 tickets. By…
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got pulled over for disobey the "No Heavy truck" sign, on the ticket it say Highway traffic act Section 182(2), but I think I didn't disobey the "No Heavy Truck" sign, because my truck was loaded with delivery items(which at the time it was under 5 tonnes), I didn't request for disclosure, the cop that pulled me over didn't even check my truck to see if it is over 5 tonnes.
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
This morning I came downstairs to see my car with a ticket on it for $150 for parking in a fire route. The underground parking is under construction and we cannot park there so the tenates have to park either in visitors or adjacent streets. I have been parking in the same spot for a week and nothing was said to me until I found the ticket Sunday morning. I looked at every other car parked where…
Just bought my 1st GPS. Pretty decent little outfit. Have used it on a couple of short trips and got me to the destintation properly.
I have taken it to work recently and it is not as accurate as I first had hoped. The calculation of my vehicle speed is off by 2km/hr (GPS reads high). When stationary in many locations, it does not place me exactly where I am parked. On 2 different times it…
HI! So my husband was driving home at 2 am and blew out his back passenger tire which caused him to hit a parked car, he did quite a bit of damage to the car , there was no one around , and he did not have any paper to leave a note, also because it was a very old 1980 car and my husband assumed the damage was less than 1000,00 dollars and he left and did not report it until the next day. A week…
Issued in a news release by Toronto Police Traffic Services Sergeant Tim Burrows, these were the top 10 peeves of drivers in an on-line survey by the Toronto Police:
10. Slow drivers
9. Slower-moving drivers who pull into your lane when you're going faster
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
Quick run down of my situation: My liscence was suspended in early September for a DUI. Got caught driving last weekend on the 401. Officer claimed I was pulled over because she figured I was speeding and I looked suspicious because I was looking around in the car too much. She searched the entire car looking for weed - none was found. I was charged with driving while under suspension.
I wasn't quiet sure where this should go, so I am going to try here.
I am 25 years old, and I have had my G2 license since March 2010. I haven't upgraded to my full G only out of not really having the time nor cash to do it as of yet. In early February of this year I was pulled over by an OPP at a RIDE program and blew a 0.031 BAC. I was unaware at the time that I was supposed to have a BAC…
I was involved in an accident last month. I was proceeding along a street with cars parked adjacent to the curb. Approaching an intersection I saw a large truck and trailer parked against the curb (no brake lights, or turn signals) so I presumed he was parked there. I approached the intersection, following the same path as all the other traffic, just to the right of the centre line. When I…
I have received 2 pieces of paper on the door of my home within the last week. Looks like I am being summons to witness for an accident where the other driver was at fault last year. (He hit me and was charged at the scene).
I'm just wondering if anyone knows how many attempts they will make to serve me, or if they will keep trying until they do ?
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…
Highway 21 is often closed in the winter. I and a lot of other people need to cross Highway 21 to get to work. Several people have told me that if a highway is closed, it's not only illegal to drive along the highway, but to cross it on any intersecting road, because while you cross it you're technically driving on a closed road.
Hi all, I was ticketed for this offense while on a bicycle where I "turned left" at a red light without first coming to a complete stop at the red light. It was a T-intersection where I was facing the straight through lanes (4 lanes, two in each direction) and a side street came in from the right only (2 lanes, one in each direction), and no vehicles or pedestrians were entering from the right at…
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