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Unsafe Lane Change HTA 154(1)a

Posted: Tue May 01, 2012 11:47 am
by forevergone
I got into an accident last september and was given a careless lane change ticket.

How it went down:
-427/Gardiner Junction, left passing lane was slowly moving (~10-20km/h)
-Middle lane was empty, did my checks and thought it was safe to merge into the other lane
-Accelerated full throttle, got to around 50-60km/h before I got hit from behind, rear quarter panel damage

Basically it came down to making a bad decision from what I thought was enough clearance to merge to it actually not being enough. Officer charged me with an unsafe lane change. I am in the process of getting full disclosure for the case. I am fighting the ticket.

For a ticket like this, is it worth it to get a paralegal to fight the ticket or should I try to negotiate with the justice of peace to lower the charge? What are my chances of getting the charge and demerit points dropped? I don't care about the fine.

Any advice on if I decide to fight the ticket myself?

Re: Unsafe Lane Change HTA 154(1)a

Posted: Fri May 04, 2012 5:37 pm
by Stanton
The Justice of the Peace cannot lower the charge or get rid of demerit points. All they can do is offer a reduced fine if there is justification. Any type of plea deal must be arranged with the Crown attorney. They can sometimes offer you a plea to a less serious charge, but I can’t think of any that would apply in your situation. Demerit points are automatic if you’re convicted of an offence that carries them. The Courts cannot waive them.

You may be best consulting with a paralegal if you’re planning on fighting the charge. Might be able to show you did your due diligence prior to changing lanes, even though a collision was the end result.