“New Charge? Fail To Pull To Left To Avoid Collision”

It was on DVP and the speed was about 75km: heavy traffic. I was in the middle lane. All of a sudden the car ahead of me hit brake so I did too. Alas the car slowed down much faster than I anticipated and although I adjusted accordingly I failed to avoid hitting him from behind. An accident occured. Insurance involved.

Curiously, the police officer charged me with "Fail to pull to left to avoid collision" which I have never heard of. The set fine is $110, the same as a minor speeding charge.

Does anyone know about such a charge? How much a chance do I have, given the circumstances, to win fighting the ticket? Since insurance companies are already involved, is it still worth fighting?

Thanks!

Did he write the Section number on the ticket?

If not, I would plead not-guilty and file a motion at trial for dismissal based on inadequate charging document. It's odd that the cop didn't charge you with Following too Close.

Yes he did: Section 148(5). I looked it up:

(5) Every person in charge of a vehicle or on horseback on a highway who is overtaking another vehicle or equestrian shall turn out to the left so far as may be necessary to avoid a collision with the vehicle or equestrian overtaken, and the person overtaken is not required to leave more than one-half of the roadway free. R.S.O. 1990, c. H.8, s. 148 (5).

This is totally not applicable: I wasn't trying to pass and there was no way I could have avoided the collision by pulling to the left, which would put me in a more dangerous situation.

Indeed quite odd. It seems the officer dilibrately left a hole to encourage me to go to court (and it only carries a $110 fine).

Seems like an easy win to me.