following too closely

hawa
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following too closely

Unread post by hawa »

Hello,
I was in an emergency stop, then I just start to drive over the highway again
a police officer was already stopped and " was not operator" was fully stopped and was talking to someone ( he was stopped a car and was facing the car talking to that person ),
however I was just moved from my emergency stopped so there is no way to go and merge when I approached him, I was paying attention and even my speed was very low as I said I just drove back to the highway... the officer came after me to stop me and he issued a ticket for $ 400 with 4 point ...
I was not feel safe to merge and change the line right after I drove ... the law it says you have to change line when it safe and I see it was not safe to change to the middle of the highway ... so I see the officer pushing me to do so meanwhile I do not see it safe to do it at that moment
best regards,


bend
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Re: following too closely

Unread post by bend »

You're probably not getting much of a response because it's very hard to read your post.

It took me awhile, but it seems you're trying to explain how you failed to move over for an officer performing duties on the shoulder of the highway, otherwise known as the "move over law".

What is the charge and section number listed on your ticket? 158? 159?


hawa
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Re: following too closely

Unread post by hawa »

sorry about that
159.1(2)


UnluckyDuck
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Re: following too closely

Unread post by UnluckyDuck »

Are you sure it says 159.1 (2). If so, that is an incorrect section and can be dropped due to being a fatal error.

If it is 159 (2), here's what the HTA reads:

Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light or a tow truck with its lamp producing intermittent flashes of amber light that is stopped on a highway, the driver of a vehicle travelling on the same side of the highway shall slow down and proceed with caution, having due regard for traffic on and the conditions of the highway and the weather, to ensure that the driver does not collide with the emergency vehicle or tow truck or endanger any person outside of the emergency vehicle or tow truck. 2015, c. 14, s. 47.

Basically the officer believes you did not complete your maneuver in safety (which is the exact same thing that you believe as well). The best thing to do in that situation was to wait until the officer moved so that you could complete the maneuver safely.

Regardless, you should plead not guilty and request a trial with the officer present. Once you get your trial date, you can request disclosure and post it up here for our opinion.


hawa
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Re: following too closely

Unread post by hawa »

Thank you
the incident as below
was happen at "lakeshore county" near Windsor, speed limit was exactly 109 k/h , lakeshore police officer start driving behind me was very very very close and his vehicle lamp was off ( when he was behind me ) and was off when I passed him he was landed on the right side of the highway .... so because he was very closed so I thought he wants to pass so I put my signal on to the left welling to change to the lane to my left ...his car lamp start flashing red and blue , I went to the right side and stopped... he came to me and he said that I was speedy up to 127 k/h and he have my paper and he said let me check ... after a few minutes he came back and said it is okay you can go but be carful .... I just moved to the first lane moving slowly still not merge car are passing I see it not safe to change lane right a second ... I saw another police vehicle stopping ( white Toyota I think) the lamp was off too and he was talking to the driver I was still driving slowly, suddenly he was after me pulled me over for not giving any chance to speak , he said will give you a ticket "Failing to move into another lane when approaching stopped emergency vehicle" .......it wasn't safe for me to move into the other lane " "shall move into another lane if the movement can be made in safety.""


UnluckyDuck
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Re: following too closely

Unread post by UnluckyDuck »

1) There is no speed limit that is 109 km/h. You were speeding 109km/h in a 100km/h zone. First of all, you should have been in the right lane (as the left is for passing), and if he wanted to pass, lawfully he should go into the left lane to pass you. You should never increase your speed because a car wants to pass you.

2) Like said before, It was not safe to do so, so you must wait until it is safe to do so. There is no specific time limit on how long you have to move, just as long as it's safe. You should have remained stopped until the officer in front moved or until traffic was clear enough for you to proceed. This could take 30 seconds, could take 5 mins. Point is, you should not make the maneuver until it is safe to do so (hence the charge). Regardless, until you plead not guilty and request disclosure, there's nothing we can do for you here.


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