Section 159(2) and (3) - Failing to slow down when passing a stopped emergency vehicle.
darshanpatelh
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Need Advise On What To Do Next?

by: darshanpatelh on

here a brief description of what I am dealing with.


On March, 10, 2013 I got a ticket on Mississauga and 401 going south on Mississauga. There were four cruisers on the left most lane parked with no apparent accident that I could notice. Though they did have their lights on. As i approached them, I slowed down and passed by them. Right after that, the last most cruiser, pulled out and stopped me to ask why I was stopped. I replied no as I was following the speed limit. He said, I broke the law as I am supposed to change over to the left most lane when the lights are lit on the cruiser and you are passing by it. I said, you were on the left already and the area had ramps to the highway so i slowed down and passed with care. He said have to move to the other lane no matter what. I told him I didn't feel safe.


Despite explaining, he gave me a ticket of $490 but nothing about points on the ticket. I found out online that you get 3 points in this case. I don't know if this applies.


Can someone please guide me or tell me if you think i should contact a lawyer


Thank you,

Darshan

argyll
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by: argyll on

The Act doesn't say change lane to the left, it just says change lane 'if it is safe to do so'. It will be up to you to prove why it was unsafe to do so but if there was no other traffic and you are relying on the fact that there were ramps and you didn't see an accident then you're going to have a hard time of it.


Yes the points apply, it isn't the copper's job to inform you of them.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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