Improper pass on right HTA 150 (1)
krrakt
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Improper pass on right HTA 150 (1)

Unread post by krrakt »

Hey everyone,

So I crashed into a car making a left turn from the oncoming direction. I'm pretty sure I did nothing wrong and the car driver was at fault according to the cop. But he also said that I was partially at fault and gave me a ticket for an improper pass on the right. here is what happened.

I was going East on Danforth in the curb lane between the parked cars and the dividing line to the inside lane. The traffic was stop and go and I was going about 20, the car to my left and a few car lengths ahead of me stopped to let a car make a left turn in front of him.

I didn't see the car until he was right in front of me and he was making his left when I hit him. My bike is totaled for sure.

So the cop came to the hospital and told me that the car guy was at fault and proceeded to tell me that I should have stopped when I saw the car in the lane to my left stop, and that's the reason for the ticket!

I can't believe that a car stopping beside you is like a red light and you are supposed to stop? Now, I have NO bike, a bunch of broken bones and a TICKET! I was not passing on the right, I was in my own lane! I believe this to be correct.

Would someone shed some light on this for me?

Thanks,

Alex


Stanton
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Re: Improper pass on right HTA 150 (1)

Unread post by Stanton »

As long as you were in a different marked lane then the vehicle that stopped, you did nothing wrong. I’m thinking the officer is under the impression you passed the vehicle while in the same lane.


krrakt
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Re: Improper pass on right HTA 150 (1)

Unread post by krrakt »

Stanton wrote:As long as you were in a different marked lane then the vehicle that stopped, you did nothing wrong. I’m thinking the officer is under the impression you passed the vehicle while in the same lane.
there were many witnesses that surely stated that I was in a different lane, I was in the c urb lane for over a mile and it was 2:15 in the afternoon.
The officer said nothing about me being behind the stopping vehicle, just that I should have stopped when the car on my left stopped.

Weird

Alex


krrakt
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Re: Improper pass on right HTA 150 (1)

Unread post by krrakt »

I appreciate your response,
Would it be fair to assume that it would be pretty straight forward to have this withdrawn assuming the witness statements correspond with my story?
The reason I'm asking is that I would prefer to fight this on my own rather than get a costly lawyer to do it.
If I fail to have it withdrawn and I lose the case, can I just appeal the conviction?
Basically, can I appeal a traffic conviction and have another shot at beating it using a lawyer if I fail on my own?
Thanks


Stanton
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Re: Improper pass on right HTA 150 (1)

Unread post by Stanton »

Request disclosure and see what evidence the officer is basing the charge on. If there is no evidence to support the charge, the Crown will likely withdraw it. If witnesses say you made an illegal pass, you may need to go to trial. You can certainly take the initial steps yourself and hire a paralegal/lawyer later down the road if needed.

In terms of being found guilty at trial, you'd need a good reason to appeal the matter. The fact that you represented yourself and aren't happy with the results would not be grounds.


krrakt
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Re: Improper pass on right HTA 150 (1)

Unread post by krrakt »

Hi,

What is an illegal pass?

I mean I was in my own lane with no other vehicles in it, the car to my left stopped and I passed him but there was nobody in front of me besides the car that I hit suddenly appearing?

Is simply going past a car that is in another lane an illegal pass?

I just can't wrap my head around what I did wrong, I was going straight in a clear lane when a car turned left into me. Just because I passed a car that was in the lane to my left should not matter, He needed to stop as there was traffic ahead of him in his lane.

Thank you for your time sharing your knowledge.

Alex


krrakt
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Re: Improper pass on right HTA 150 (1)

Unread post by krrakt »

Stanton wrote:Request disclosure and see what evidence the officer is basing the charge on. If there is no evidence to support the charge, the Crown will likely withdraw it. If witnesses say you made an illegal pass, you may need to go to trial. You can certainly take the initial steps yourself and hire a paralegal/lawyer later down the road if needed.

In terms of being found guilty at trial, you'd need a good reason to appeal the matter. The fact that you represented yourself and aren't happy with the results would not be grounds.
Great, I will do just as you suggest,

Thanks






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