TauMax

Here's my story!

I was driving home in rush hour traffic on 401. I just got on at Martin grove. I was in lane5 (rightmost lane) ... Up a head, I could see that traffic had come to standstill. The car ahead of me, pulled into the merging lane to pass. Normally, I don't do this, but I followed, because up a head I could see a gap I could get in smoothly with out causing a backup. Anyway, with my bad luck, there was a OPP cruiser ahead which I didn't see before. The first car zoomed past and was okay. When I passed the cruiser, it pulled out and stopped me!
I think it has something to do with the crack down on street racers. I wasn't going excessively fast, and my car isn't heavily modded either, but it's a honda civic, and that's enough!

Anyway, the OPP officer took gave me a $110 ticket for:
"PASS off ROADWAY" HTA 50:2

What the hell does this mean? Is this something I can fight?
I mean, does the HTA really say that I can't pass in the merging lane?

I'm going to plead not guilty and fight this one. I have to get a trial date at the Keele Courthouse in North York. What a hassle.

So my questions are:

1) How more likely are OPP officers to shop up in court than regular police officiers?

2) If they are more likely to shop up in court, should I plead guilty tter to plead guilty with an explanation?

And yes, I was polite to the officer... damn butch still wouldn't let me off with a warning!

SiR-Racer

if it says HTA section 50:2 then that's the wrong section. it should be 150:2. i'm not sure if that really matters or not though. here's what section 150:2 has to say:

"Driving off roadway prohibited

150(2) No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway. "


now i'm not 100% sure what qualifies for "off the roadway". i would've thought it meant on the shoulder and since you only used the merging lane you might get off the hook. you might want to speak to a lawyer about this.

well if you find out that the ticket will hold up in court and the cop shows up then you should plead guilty with an explanation. just say you thought the merging lane was a regular lane and when you changed lanes into it you realized that the lane was about to end and you had to change back out.

PULOVR

Plead not guilty, and ask for a court date.......good thing that you were nice to her (she will remember).
When you go to court, apologize to her again, and just tell her that you were avoiding an accident, that is why you were in that lane in the first place......then mention the HTA # that is incorrect.
She might feel as if you were a nice guy, and help you out......Remember to get her # this time. LOL. hmmmmm....handcuffs.....
Go talk to points, or somthing.....they might say the something about the HTA # being inncorrect. (technicality)

electronblue

iTrader: (1)

If the HTA # is incorrect than the ticket will be tossed on a technicality. I had a ticket on the 407, and the cop said I was on the 401, Prosecutor I talked said this is ammendable, there are only two things that are not ammendable. (officer forgot to sign, and wrong quotation from the HTA)

EL_Sport

This is not really as uncommon a ticket as you might think. At least once a week I see someone pulled over near one of the on ramps on the 401. From your explanation, you are actually guilty because you are not allowed to use the ramps or shoulders for passing (assuming the right section of the HTA was recorded on your ticket). I would take it to court or set up a first attendance and you will likely have it reduced.

Good luck, and don't do that again, I see people that do that every day and I really hate it.

imported_94EG6HB

Sounds like it would get pitched.

Just be on your best behaviour in the court.

Dress poor but not on welfare.

Listen to the wisdom of PULOVR

All should be fine.