Improper passing - section 148 of the Ontario Highway Traffic Act.
Mom23
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Unsafe Move - Lane Or Shoulder Hta 154 (1) (a)

by: Mom23 on

Hi - yesterday I received a ticket for unsafe move - lane or shoulder. I was in a dedicated highway off ramp lane that was blocked by a vehicle trying to merge into stopped traffic. There were a couple of cars waiting for this to happen but I was impatient and decided to scoot around using the shoulder. I regret it now that I have a ticket but especially because it was foolish and I feel like an idiot.


I have no defence, no fatal errors, my insurance will go up about 5% regardless of whether the demerit points are removed and I don’t have any financial burden preventing me from just paying the $110 fine.


My question is this:

Any chance at all of getting rid of or maybe reducing the demerit points to two? This is my first moving violation charge in 30+ years of driving (the other one in my life was for speeding when I was 18, doing 80 in a 50 that had been an 80 zone forever before it got reduced to 50. I went to court back then not knowing anything other than the officer might not show up. He did but I still got the demerit points removed and the ticket reduced to $50. Don’t ask me how, I was pretty clueless. Maybe they just felt sorry for me because I probably looked about 14 years old at the time).


I was thinking could I meet with the prosecutor to see if they would consider leniency given my previous driving record? I am guilty as sin but am already so paranoid driving with those demerit points. Times have changed a bit since 32 years ago so not sure they’d even take me seriously if I just went to ask them to consider dropping the points based on a promise I’d never do it again lol.


Or should I just suck it up and deal with the three points on my record for the next few years?


Thoughts? Thank you!

bend
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by: bend on

Demerit points are applied by the Ministry once your conviction is processed.


No one at the courthouse has any power to issue or remove points. Points aren't their thing. It's a Ministry of Transportation penalty system. If you've previously had points removed, it's because they reduced the charge. Reducing the charge is something they can do. Example, they took your previous 30km over ticket and reduced it to something like 15km. 15 and lower comes with no points, therefore you didn't receive any once it went to the Ministry. You can try having an early resolution and seeing if it can be reduced. You're only really saving on the fine. Insurance will still look the same.


That being said, demerit points are practically meaningless. They expire two years after the day you get your ticket. You need 15 before you are automatically suspended. You have to drive like a real goon to be in any danger with points.


Insurance companies don't care about points.


Points aren't something to worry about for the average driver.

Mom23
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by: Mom23 on

Ok thank you bend, that info really helps. So with the ticket I am facing, I don’t see how it can be reduced to anything since there doesn’t seem like a comparable charge with no points.


I’m not delusional to think I’m a perfect driver but don’t consider myself a terror on the road either. As you mentioned, it would require a series of unfortunate events to get me to 15 points in the next two years, but I can’t help but think that where I go, Murphy’s law will follow haha.


I’ll stew on whether to ask for early resolution and hope for a miracle or just pay and be done with it. I’m leaning towards the latter since I don’t see how the former can happen.


Thanks again!

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