The reason why I was driving was because my friend who was supposed to be driving my car was unable to due to working a 12hr midnight shift the night before. He began driving and was falling asleep at the wheel about 3 hours into our trip. I felt that it was unsafe for him to continue and took over with the intentions of finding a safe place to pull over and park the vehicle for a few hours so that he could rest up and continue driving.
What I am wondering is can I argue the reason for being stopped was not sufficient enough since their was no speeding ticket issued and I was not commiting any other traffic infractions ? Or is suspicion enough to pull me over based on my checking the rear view mirror too frequently ?
Also, can I argue that I was put in a position of peril by my friend, which forced me to make the decision to drive for fear of my own safety ?
Request Trial, Request Disclosure, read TC's site and wait to see what turns up.
Your friend was operating the vehicle. The operator of the vehicle had a condition which made him a hazard. You just took over to get to the rest stop where you could safely pull over while the driver dealt with his condition. If that's not due diligence, I don't know what is.This is the defence of due diligence and it is one of the most potent weapons in your arsenal.
To argue due diligence, you must show that you took all reasonable care to avoid committing the offence.
In case of an Absolute Liability offence, the general practice is "you did it, you're guilty." Technically you couldn't exceed the speed limit to save your life as it's an absolute liability offence.
"Ain't that the truth!"FiReSTaRT wrote:hopes that you get one who accidentally picked up the knowledge to interpret the law properly.
Pulling to the shoulder (where the persons "alledgedly changed positions) and stay there. If an emergency still stay on the shoulder and use a cellphone to call for help. No phone, this was on a large hwy, start waving at people, put hood up and 4 ways on....calls come in instantly all the time.FiReSTaRT wrote: Your friend was operating the vehicle. The operator of the vehicle had a condition which made him a hazard. You just took over to get to the rest stop where you could safely pull over while the driver dealt with his condition. If that's not due diligence, I don't know what is..
Knowingly driving while under suspension further the insurance is now instantly VOIDED
If it's Criminal Code... get professional legal help ASAP!