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 I didn't act out of necessity. For example, if I had continued in the lane or that she saw me enter the lane without any other traffic. Uf she tells the truth, neither of those will occur, but as OPP HSD, she likely makes a lot of traffic stops and if...

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 got to the entry/exit zone, I changed lanes and she turned on her flashing lights. Didn't even know she was a cop until then.

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 the blockage. Regardless, I am going with a defense of necessity: it provides an excuse for otherwise unlawful conduct in the absence of alternative or to ensure safety. The argument I am going to try is that I had no choice but to move to the HOV lan...

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 traffic disturbances in her rearview. Traffic was moving equally fast in HOV and non-HOV lanes. I had no motivation to be in the HOV lane. I had to be in TO (for a class) at 5, and was ticketed at 3pm. Even getting stopped, I was an hour early and I can do...