Ontario Highway Traffic Act

You weren't charged with peeling a banana. Whether or not peeling a banana is less or more dangerous is irrelevant. You were charged with Hand-held devices prohibited:

78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving ...

You can't hold a handheld while on the road. What you do with it is irrelevant.

Whether you're at a red light also doesn't matter. You're still considered driving.

bobajob wrote:To be honest, if someone is on your bumper, brake, it's there fault there problem.

That's against the law and becomes your problem, not theirs.

Above the pictures, it should say amber and have a number. What does it say?

redd24 wrote:I received bad advise from a friend who's a law student. His strategy was to keep adjourning till it gets thrown out.

Also, you're a g2 driver subject to novice driver escalating sanctions. If convicted of an offense with 4 or more demerit points, you'll serve a 30 day suspension. Just something to keep in mind.

jsherk wrote:Is disobey stop sign fail to stop a SERIOUS offence?

Stop sign offenses are minor unless the sign is on a school bus.

redd24 wrote:Is there a way to ensure that I dont waive my Charter right to a speedy trial. Can I tell the justice that?

You've known about this ticket since February. You received your Notice of Trial in June. You sent in your disclosure request 2 weeks before your trial at the end of a Friday.

150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety AND , (a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;


150. (1) The driver of a motor vehicle may overtake and pass to ...

This goes right back to the beginning of the thread. Turn not in safety doesn't necessarily work like that. It doesn't necessarily absolve you of other drivers mistakes.

Let's pretend you were able to prove the other party made a mistake, there was no bike lane, etc. Your supposed best case scenario. It doesn't negate your own responsibility to ...

It is if there is only one lane and it can not be done safely...

Passing to right of vehicle
150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety and,
(a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her ...

jsherk wrote:I should not of had to check that location for another vehicle that was illegally there in the first place.

It's not illegal to pass on the right.

This is both an easy question and a hard question. In this scenario, you could probably interpret the HTA to charge the driver or possibly both parties. That being said, even if the other party is charged, it doesn't negate your own responsibilities. I'd be interested in seeing other opinions, however.


I HIGHLY doubt that this guy could have ...

Speeding is an absolute liability offense. Short of travelling to an emergency room or escaping some sort of violent situation, there's no excuse for it.

No, "proving the car behind you was basically tail gating you" is not a defense. You can't argue safety by making the situation more deadly by engaging in a speeding duel.

The driver behind you ...

Im guessing the above advice by the officer is for the speeding ticket. How does this work? Should i do it? Do i get to talk with the officer before the seeing the prosecutor? what if he doesn't show, how do I explain why i'm there?

It's not up to the officer. I'm sure the officer was just trying to make it easy for you to understand without ...

In my opinion the lights were indeed amber. It's more noticeable on the left turn traffic signal, but your video is the equivalent of a bigfoot sighting.

Another tip off is the vehicle beside you looks to decelerate at approximately 3-4 seconds before the light turns red, which just happens to be the length most amber lights at set at.

If I had ...