OHTA.ca

I was hitting the highway a couple days ago late at night and -- admittedly -- got close to the centre line more than once. A car started following me and apparently phoned in a complaint. Sure enough, the OPP swung by, pulled me over, talked about a "reckless" or "careless driving" charge but gave me driving left of centre. Now, there was no opposing traffic, so I think I might be able to evade this charge... but can they trump it up to the reckless charge?

they have 6 months from the alleged offense date to charge you with careless driving by ways of a Part 3 summons; did the officer witness you driving passed the centre line? if not, the other driver will have to appear as a witness and testify at trial

were you charged under S. 149 of the HTA? If i'm reading that section correctly, the only restriction is visibility.

Driving to left of centre prohibited under certain conditions

149. (1) No vehicle shall be driven or operated to the left of the centre of a roadway designed for one or more lines of traffic in each direction,

(a) when approaching the crest of a grade or upon a curve in the roadway or within 30 metres of a bridge, viaduct or tunnel where the drivers view is obstructed within that distance so as to create a potential hazard in the event another vehicle might approach from the opposite direction; or

(b) when approaching within 30 metres of a level railway crossing. R.S.O. 1990, c. H.8, s. 149 (1).

Exception

(2) Subsection (1) does not apply,

(a) on a highway divided into clearly marked lanes where there are more such lanes for traffic in one direction than in the other direction;

(b) to a road service vehicle where precautions are taken to eliminate the hazard; or

(c) on a highway while it is designated for the use of one-way traffic. R.S.O. 1990, c. H.8, s. 149 (2).

The officer didn't say except to mention the witness and complaint but yeah it's s. 140. Reading it it seems like the absense of oncoming traffic might work as a defence but I really don't want to provoke something more serious.

I would file it for trial with your intention to appear and fight the charges; when you receive your notice of trial, request for disclosure.

I wouldn't be too worried about upgraded charges because you chose to fight it; if it was S. 149 then the crown will most likely withdraw the charge based on both parties accounts (you + witness)

i think careless would've been the more appropriate charge based on the complaint, and one the prosecution could potentially get a conviction. but S. 149 is very specific about when it does not want you to be left of centre; it does not appear to apply to your case, there are situations with S. 149 where you can be left of centre with approaching vehicles as-long as you're not near a grade, curve or <30m from bridges, viaduct, tunnel, railway crossing.

S. 149 sounds like the plea-bargain charge the crown would reduce to from S. 130 careless driving at trial.