“25km/h Over On Hwy 407, Passing Lane”

This morning, I was in the passing lane on 407. I saw the police interceptor driving ahead of me in the centre lane driving at, probably, 120km/h. I passed him very slowly and I was preparing to merge right with the intention to reduce my speed. The problem is that the officer stayed diagonally to my car. I can't merge right with him so close to me, so I gradually built up a little speed to create more space to merge safely, but the officer continued to keep up with me and closing that space again.

When the officer pulled me over to issue the ticket, he claimed that there was ample space to merge right. I beg to differ, particularly with the heavy rain this morning-- I give myself space according to driving conditions. Merging in front of him then would have about 5 metres of bumper-to-bumper space which I am not comfortable with in such weather.

It should be mentioned that, when I drive, I try my best to maintain laminar flow of traffic (all traffic keep right, except to pass). When I was in the passing lane, I can't slow down to interrupt that courtesy, so I have only one way to go: speed up to merge right when safe to do so.

I have the intention to bring the ticket to court. Do I have a case?