Hi Guys, Was wondering if I could get some advice on what to do here. I just got a ticket this evening but my situation is a bit weird. I was at Warden and Hwy 7 in Markham, during the rush hour traffic so was waiting there for a while. I had to pee big time. So, I made a left turn onto Highway 7 and I merged into the newly built High Occupancy Lane for about 50 meters, then I pulled into the middle lane. I could have been maybe 10-15 KM/HR over the speed limit as I had pee .. As I was in the middle lane going.. , that's when the cop pulled me over from behind. I told the cop and pointed to him the plaza which was just 100 m away from where he pulled me over that I had to pee etc. So, he had me sit in my car for a bit and came back to give me a ticket for $110. "Improper Use of High Occupancy Lane" Section 154.1 (3) Exact spot: Highway 7 East & Uptown Drive, Markham The cop told me he would not give me a ticket for speeding since I had to pee, but since I was in the HOV lane, he had to give me that ticket. But, interestingly I was already in the middle lane when the cop turned ON his lights to pull me over. My entire stay in the HOV lane was like 50 m or so.. and when the cop pulled me over, I was already in the middle lane. I am not sure what I should be doing here? Plead guilty and pay the fine or fight the ticket, since I was already in the middle lane? Will my insurance get affected due to this ticket? I did read another user posting about this, but his situation was a bit different. Not sure about mine. Please advise. Thank you!
Hi Guys,
Was wondering if I could get some advice on what to do here.
I just got a ticket this evening but my situation is a bit weird.
I was at Warden and Hwy 7 in Markham, during the rush hour traffic so was waiting there for a while. I had to pee big time. So, I made a left turn onto Highway 7 and I merged into the newly built High Occupancy Lane for about 50 meters, then I pulled into the middle lane. I could have been maybe 10-15 KM/HR over the speed limit as I had pee ..
As I was in the middle lane going.. , that's when the cop pulled me over from behind. I told the cop and pointed to him the plaza which was just 100 m away from where he pulled me over that I had to pee etc.
So, he had me sit in my car for a bit and came back to give me a ticket for $110. "Improper Use of High Occupancy Lane" Section 154.1 (3)Exact spot: Highway 7 East & Uptown Drive, Markham
The cop told me he would not give me a ticket for speeding since I had to pee, but since I was in the HOV lane, he had to give me that ticket. But, interestingly I was already in the middle lane when the cop turned ON his lights to pull me over.
My entire stay in the HOV lane was like 50 m or so.. and when the cop pulled me over, I was already in the middle lane.
I am not sure what I should be doing here? Plead guilty and pay the fine or fight the ticket, since I was already in the middle lane? Will my insurance get affected due to this ticket?
I did read another user posting about this, but his situation was a bit different. Not sure about mine.
Needing to go to the washroom is not exactly an excuse. I wouldn't suggest bringing that up at all. And I'm not sure exactly what your point is that he turned on his lights once you were in the middle lane. He saw you driving in the HOV lane, it doesn't matter where he ends up turning on his lights. But I think it's important to point out that the specific section you've been charged with (section 154.1(3) of the Highway Traffic Act) only applies to high occupancy vehicle lanes on Highway 404, Highway 403, Highway 417, the Queen Elizabeth Way and Highway 427 (https://www.ontario.ca/laws/regulation/050620). This is a common mistake made by police officers. The correct charge would have been under a municipal by-law from either the City of Markham or the Regional Municipality of York that designated this stretch of road on Highway 7 with an HOV lane.
Needing to go to the washroom is not exactly an excuse. I wouldn't suggest bringing that up at all.
And I'm not sure exactly what your point is that he turned on his lights once you were in the middle lane. He saw you driving in the HOV lane, it doesn't matter where he ends up turning on his lights.
But I think it's important to point out that the specific section you've been charged with (section 154.1(3) of the Highway Traffic Act) only applies to high occupancy vehicle lanes on Highway 404, Highway 403, Highway 417, the Queen Elizabeth Way and Highway 427 (https://www.ontario.ca/laws/regulation/050620). This is a common mistake made by police officers. The correct charge would have been under a municipal by-law from either the City of Markham or the Regional Municipality of York that designated this stretch of road on Highway 7 with an HOV lane.
Thanks. So does that ticket affect my insurance? What would you suggest I do? Plead guilty? Go to trial?
Whenaxis wrote:
Needing to go to the washroom is not exactly an excuse. I wouldn't suggest bringing that up at all.
And I'm not sure exactly what your point is that he turned on his lights once you were in the middle lane. He saw you driving in the HOV lane, it doesn't matter where he ends up turning on his lights.
But I think it's important to point out that the specific section you've been charged with (section 154.1(3) of the Highway Traffic Act) only applies to high occupancy vehicle lanes on Highway 404, Highway 403, Highway 417, the Queen Elizabeth Way and Highway 427 (https://www.ontario.ca/laws/regulation/050620). This is a common mistake made by police officers. The correct charge would have been under a municipal by-law from either the City of Markham or the Regional Municipality of York that designated this stretch of road on Highway 7 with an HOV lane.
Thanks. So does that ticket affect my insurance? What would you suggest I do? Plead guilty? Go to trial?
If you pay the ticket or plead guilty, a conviction will be registered on your driving record. For this particular offence, there is also 3 demerit points associated with it. For insurance purposes, this is considered a minor conviction. It may or may not affect your insurance, depending on your policy. You may see a slight increase in your insurance or no change at all, again depending on your policy. If you go to trial, the prosecutor may offer you a plea deal to a lesser offence and/or a lower fine. You can choose to accept this deal and plead guilty, or reject the offer and proceed to trial. If you decide to reject the offer and proceed to trial, make sure you are prepared to argue your case. You can argue that you've been charged under the wrong offence since section 154.1(3) only applies to certain highways. This may be more complex and require time to familiarize yourself with the Highway Traffic Act and O. Reg. 620/05 as well as general court procedure.
If you pay the ticket or plead guilty, a conviction will be registered on your driving record. For this particular offence, there is also 3 demerit points associated with it.
For insurance purposes, this is considered a minor conviction. It may or may not affect your insurance, depending on your policy. You may see a slight increase in your insurance or no change at all, again depending on your policy.
If you go to trial, the prosecutor may offer you a plea deal to a lesser offence and/or a lower fine. You can choose to accept this deal and plead guilty, or reject the offer and proceed to trial.
If you decide to reject the offer and proceed to trial, make sure you are prepared to argue your case. You can argue that you've been charged under the wrong offence since section 154.1(3) only applies to certain highways. This may be more complex and require time to familiarize yourself with the Highway Traffic Act and O. Reg. 620/05 as well as general court procedure.
HOV regulations of the Highway Traffic Act DO NOT APPLY on Hwy 7. Choose Early Resolution and speak to the prosecutor. You should have been charged under a municipal by-law (equivalent to a parking ticket and won't affect your insurance) $85 total fine, if this proceeds to trial you'll have already won. Read the regulation and educate yourself: https://www.ontario.ca/laws/regulation/050620
HOV regulations of the Highway Traffic Act DO NOT APPLY on Hwy 7.
Choose Early Resolution and speak to the prosecutor. You should have been charged under a municipal by-law (equivalent to a parking ticket and won't affect your insurance) $85 total fine, if this proceeds to trial you'll have already won.
A note to the original poster: early resolution is no longer available in York Region. So to proceed down this route, you will need to request a trial and talk to the prosecutor before it starts.
iFly55 wrote:
HOV regulations of the Highway Traffic Act DO NOT APPLY on Hwy 7.
Choose Early Resolution and speak to the prosecutor. You should have been charged under a municipal by-law (equivalent to a parking ticket and won't affect your insurance) $85 total fine, if this proceeds to trial you'll have already won.
A note to the original poster: early resolution is no longer available in York Region. So to proceed down this route, you will need to request a trial and talk to the prosecutor before it starts.
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 a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…