Traffic Ticket for driving slow in a passing lane


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samna1978   
Member since: Jun 05
Posts: 182
Location: Toronto

Post ID: #PID Posted on: 04-01-12 11:11:45

Hi:

Bad start this year. Yesterday evening, I was on HWY 27 going north towards rexdale. I was on the passing lane as rexdale was approcahing in 2 minutes and i had to make a left turn.

Suddenly, a cops car came behind me and switched on the lights and i had to slow down to pull to the right. He came out of the car and said:

" Why is your child not in the seat belt"?

I was shocked and turned back and looked and my child was in the seat belt. My child who is 7 replied to him by showing her belt. He said, he saw the child's head almost reaching the roof. To which i replied, maybe the child was turning to look at the cruiser which had its lights flashed.

Next he told me that i was doing 20 km less in a passing lane.
I told him, i did not do that.
He took my papers and came back and handed over a ticket.

Me and my kid were shocked as to what happened. I checked the ticket and it says
" Failing to use the right lane when driving less than normal speed". It was for $110.00

The speed on hwy 27 in 70km but towards the intersection its 60km. I had to slow down because i saw the light turning to amber and i had to make a left turn.

This is my first ticket in 10 years. I have decided to fight for this ticket.
Please advise me as how to do it?

Thanks
samna



comp   
Member since: Feb 06
Posts: 64
Location: Mississauga, Canada

Post ID: #PID Posted on: 04-01-12 12:26:46

Please fight for it. You will succeed.



Fido   
Member since: Aug 06
Posts: 5286
Location: Canada

Post ID: #PID Posted on: 04-01-12 12:52:16

No problem . Check ticketcombat.com . Most likely the cop was not having his speed gun on and has just stated what he observed which is no good if he does not have evidence to back it up .

Contest it . Ask for a disclosure stating what evidence does the cop have - Chances are the charges would be with drawn .If not you can contest stating that you were close to an intersection and had to turn left , hence you were in the passing lane and speed slightly less . For sure he would not have any pictures to show where you were .

I think its a weak case they have against you .


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Fido.


samna1978   
Member since: Jun 05
Posts: 182
Location: Toronto

Post ID: #PID Posted on: 04-01-12 13:07:03

Thanks guys for your expert comments. I will be going to the court this week to file for "not guilty". Should i go for the disclosure form and write to the prosecutor for disclosure?

Should i wait till i ghet the trial date for the disclosure form or can i start the request right away?



Fido   
Member since: Aug 06
Posts: 5286
Location: Canada

Post ID: #PID Posted on: 04-01-12 13:46:52

Read the website 'ticketcombat.com'


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Fido.


BlueLobster   
Member since: Oct 02
Posts: 3409
Location: Mississauga

Post ID: #PID Posted on: 04-01-12 14:52:30

Quote:
Originally posted by ashedfc

Don't give up... just fight (get a court date, & all disclosure's is done in the court; you don't have to do it now... unless they have changed the rules recently)..



You need to get the officer's notes about the case "pre-trial" or court date so that you can prepare your case likewise. Ticketcombat has excellent step by step instructions.

You'll need to invest time, however I would concur with others who say you should fight the ticket and have a good chance at winning your case.


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samna1978   
Member since: Jun 05
Posts: 182
Location: Toronto

Post ID: #PID Posted on: 04-01-12 15:04:32

Thanks to everyone. According to ticketcombat, i need to write a letter to the prosecutor requesting for the disclosure.



Contributors: samna1978(4) Fido(3) infocan(2) dudewheresmycar(1) fire999(1) comp(1) BlueLobster(1)



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