Do I have a chance?
Based on what exactly? Unsafe lane change is a charge that applies whether or not there's an accident or whether or not there's damage. I don't know exactly what argument you plan on making, but it doesn't sound like you really have one.petermcleod wrote:Do I have a chance?
Terrible move. You should have just told them too bad, so sad, I want my trial. Trial can't take place without the witnesses and they would have had to let you off.petermcleod wrote:The first time I went to court his witness were not present. I rescheduled so my passenger could be present.
My defence is a page out of the drivers handbook about overtaking.
It states that once overtaken you must allow the overtaking vechile to pass. You cannot speed up.
That is my defence that the other car sped up as to prevent me from overtaking. The damage to my car is in the rear quater. There is no damage to his car.
You change lanes and struck a car while doing so. That is almost textbook unsafe lane change. There does not have to be any damage or collision.
The handbook will not be a defence. I have seen many people try and use it in court and the lose. It is not relevant as you were charge with a hat offensive and not a handbook offence.
Yes the witness will have to be there. They will receive a legal subpoena. So do not count on them not showing up.
OPS Copper pretty much summed it up.petermcleod wrote:My defence is a page out of the drivers handbook about overtaking.
Open up a physical copy of the Ontario Drivers handbook and it will tell you "As you read, remember that this handbook is only a guide... For official descriptions of the laws, look in the Highway Traffic Act of Ontario and its Regulations...". The online version reads "This handbook is only a guide. For official purposes, please refer to the Highway Traffic Act".
You were charged under the Highway Traffic Act. The Drivers handbook is simply a guide. You can't defend yourself using the handbook because you weren't charged under the Ontario Drivers Handbook.