Hi, i got a ticket for failure to drive in marked lane about two weeks ago. I got into an accident, because I collided the car into the divider. There was black ice on the road and that caused the car slip. I was going at a 110 km on highway 401-E. I have pleaded not guilty to it. I was wondering if I have any defense for this ticket or if I could get the ticket dropped to a lower defense. I was also hoping if you could tell me how to get a continuance for the court date and disclosure documents from the cop. Many Thanks, Neil
Hi,
i got a ticket for failure to drive in marked lane about two weeks ago. I got into an accident, because I collided the car into the divider. There was black ice on the road and that caused the car slip. I was going at a 110 km on highway 401-E. I have pleaded not guilty to it. I was wondering if I have any defense for this ticket or if I could get the ticket dropped to a lower defense.
I was also hoping if you could tell me how to get a continuance for the court date and disclosure documents from the cop.
Defence? Not too sure what you could use here. There would have to be some deficiency in the officer's notes... or the officer would have to fail to appear for trial. The fact that you ended up augering into the divider pretty much shows that you failed to drive in a marked lane. Not really sure what you could plea-bargain down to for this one; usually most officers would charge you with Careless Driving so you could plea bargain down to Fail to Drive in a Marked Lane. As for disclosure, after you get the trial date, you can mail, fax, or personally deliver the Disclosure Request to the Prosecutor's office. (Keep proof of delivery.) For this offence, you want the officer's notes, and a copy of the accident report. Click here for more on Disclosure Requests and a sample template
Defence? Not too sure what you could use here. There would have to be some deficiency in the officer's notes... or the officer would have to fail to appear for trial. The fact that you ended up augering into the divider pretty much shows that you failed to drive in a marked lane. Not really sure what you could plea-bargain down to for this one; usually most officers would charge you with Careless Driving so you could plea bargain down to Fail to Drive in a Marked Lane.
As for disclosure, after you get the trial date, you can mail, fax, or personally deliver the Disclosure Request to the Prosecutor's office. (Keep proof of delivery.) For this offence, you want the officer's notes, and a copy of the accident report.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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