Search found 4 matches

by SorryOssifer
Sun Sep 15, 2019 8:57 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got forced into an HOV lane - possible to beat it?
Replies: 9
Views: 5280

Re: Got forced into an HOV lane - possible to beat it?

I think my only real questions at this point is how much proof I need to provide to put forward a necessity defence and whether the officer is going to record/note/remember how she spotted my vehicle and what was said in the conversation.

In my reading it says that once a necessity defence is established the onus shifts to the Crown to prove that ...
by SorryOssifer
Fri Sep 13, 2019 8:26 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got forced into an HOV lane - possible to beat it?
Replies: 9
Views: 5280

Re: Got forced into an HOV lane - possible to beat it?

The HOV lane is marked with a hatched "Do Not Cross" set of double lines. I figured crossing those lines - a lane change that would be very unexpected by other drivers - was a bigger deal than sticking in the lane for a minute or two. I got forced into the lane, and before the next entry/exit zone, I came up from behind the cop on her left. When we ...
by SorryOssifer
Tue Sep 10, 2019 9:25 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got forced into an HOV lane - possible to beat it?
Replies: 9
Views: 5280

Re: Got forced into an HOV lane - possible to beat it?

My understanding is that 154.1(3) is not an absolute liability offence but a strict liability offence.

Take for example the hypothetical scenario of an accident or debris on the road, blocking the non-HOV lanes of the highway. If it were an absolute liability offence, you could be ticketed for using the HOV lane - even momentarily - to get around ...
by SorryOssifer
Mon Sep 09, 2019 5:15 pm
Forum: Improper use of high occupancy vehicle lane
Topic: Got forced into an HOV lane - possible to beat it?
Replies: 9
Views: 5280

Got forced into an HOV lane - possible to beat it?

So I was on the 403 Toronto-bound and driving in the leftmost non-HOV lane. A truck drifted into my lane pushing me into the HOV lane. As soon as I was able (a few KM), I moved back into the regular lane. An OPP officer pulled me over and issued me a ticket under 154.1(3). I tried to plead my case but her argument was that she didn't see any ...