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Fail To Drive In Marked Lane

Posted: Sat Mar 13, 2010 2:08 pm
by Roland Thomas

I was stuck in a traffic jam on an Ottawa road (2 lanes in both directions, separated by a solid yellow line). The traffic in both directions was blocked about a kilometer ahead, so the oncoming lanes were entirely free of traffic. I wanted to turn left into my residential neighbourhood, but I was about 5 or so car lengths short of my turn. I cossed the yellow line, drove carefully the 5 car lenths and made my turn. No moving cars anywhere in sight. A police officer was in the traffic behind me, followed me and gave me a ticket. I am charged with "Fail to drive in marked lane", article 154(1)(a). This says I'm to drive in a single lane and should not move from that lane until I have first ascertained that the movement can be made with safety. That I did do - there were no moving vehicles in sight. I have pleaded not guilty and have a court date in three weeks. I had a consultation with the prosecutor who said she had no problem with the charge - I declined to plead guilty to a lesser charge - something to do with obstruction traffic. Any advice? What do I need to do to prove I took the necessary precautions? I have seen the officer's notes, and they fail to mention that the traffic was at a standstill. Any advice would be welcome.