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failing to drive in marked lane

The reason why you ask to get first attendance after you have your court date.... is because if you do it before you get the court date, they can say that you pushed the court date back, so you can't get off on an 11b. (too long for trial)
 
Bandit Bill said:
I'm not sure why your level of experience, or age of the bike would come into play in not warranting the ticket. 'Crossing that line' is usually the LAST thing you want to do, whether inadvertantly or by purpose, and whether the opposing lane is clear, or not. It's simply poor practice.

Unless it is done deliberately for purposes of passing, most 'wise', experienced riders consider the oncoming lane a 'death zone'.. ie not to be entered under any circumstance. Intentionally swerving, or not - it demonstrated a lack of due care and control to the observing officer in keeping to your own lane of travel. The appropriate action in your circumstance would be to get off the road, stop in a safe spot, get off the bike, and physically examine your bike from there - not trying to peer 180 degrees at the front of your own bike while in motion.

I'm not trying to pile on you here.. but i don't see where the charge ISN'T warranted.
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Would it be asked "Why was it necessary to go into the oncoming lane?"
 
Fight the ticket as mentioned. Next time hit the bird and let the feathers fly. Got one (bird) coming home from Niagara Falls on Thursday afternoon. No damage except a smear on the front of the bike shield.
 
nobbie48 said:
Would it be asked "Why was it necessary to go into the oncoming lane?"
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Only if the OP testifies, at which point his own credibility can be made an issue. He needs to have a way to elicit a response from the officer, that in some way acknowledges that such an action might be considered prudent under the circumstances.
 
Rob MacLennan said:
Only if the OP testifies, at which point his own credibility can be made an issue. He needs to have a way to elicit a response from the officer, that in some way acknowledges that such an action might be considered prudent under the circumstances.
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It's hard to justify entering oncoming lanes with a M/C when we as bikers are so against SUVs doing it to us on curves.
I'm also trying to figure out how entering the oncoming lane improves the view of the possible fairing damage, hence no reason to do so.
 
nobbie48 said:
It's hard to justify entering oncoming lanes with a M/C when we as bikers are so against SUVs doing it to us on curves.
I'm also trying to figure out how entering the oncoming lane improves the view of the possible fairing damage, hence no reason to do so.
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That's precisely the issue, and why I said that the described defence is actually a statement of committing an even worse infraction. It's a situation in which reasonable doubt must be created, in order to be found not guilty, and that doesn't necessarily require the OP testifying.
 
ok so any suggestions on how to go abouts approaching this??

and i made my first rookie mistake. i went to the court and filed my intent to seek trial, but the lady asked me fi i wanna se a prosecutor before the trial and i said yes.. i didnt know it was the first attendance meeting... this happened on friday is it possible to go back and seek a direct trial??
 
Well I don't know the answer to that. However to be honest if it wasn't Toronto, then you probably wouldn't get an 11b defense anyway. The more important part is that if you talk to the Crown, don't say anything incriminating. If I were you, I'd let a pro do the talking. Right now you are sitting pretty sorta speak. There is nothing measurable... but you could self incriminate yourself. I wouldn't go on about the break-in and the tires and some such. I'd just say i wasn't breaking the limit and I did my maneuver in safety as there were no other vehicles around. Don't get caught up on losing control or lack of control or anything like that. So this is why it is easier if someone else talks.... preferably someone with lots of traffic court experience.
 
Rally Guy said:
Prolly too late for this rider, but there is now case law to help out. Ftdiml now requires impinged safety proof too.

http://jmortonmusings.blogspot.ca/2010/09/failing-to-drive-in-marked-lane.html

Rk
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After reading the original post again, it looks like he was saying that while he was trying to see if the bird was still stuck to his fairing, he wandered over the line, twice. He seems to feel that since nothing was coming, it was ok to let the bike wander around while he was doing yoga moves trying to see the front of his bike while still doing the speed limit.
 
Bandit Bill said:
I'm not sure why your level of experience, or age of the bike would come into play in not warranting the ticket. 'Crossing that line' is usually the LAST thing you want to do, whether inadvertantly or by purpose, and whether the opposing lane is clear, or not. It's simply poor practice.

Unless it is done deliberately for purposes of passing, most 'wise', experienced riders consider the oncoming lane a 'death zone'.. ie not to be entered under any circumstance. Intentionally swerving, or not - it demonstrated a lack of due care and control to the observing officer in keeping to your own lane of travel. The appropriate action in your circumstance would be to get off the road, stop in a safe spot, get off the bike, and physically examine your bike from there - not trying to peer 180 degrees at the front of your own bike while in motion.

I'm not trying to pile on you here.. but i don't see where the charge ISN'T warranted.
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+1.

If you want to try and get off on an 11b, or on the officer not showing up then I suppose that's your right to waste tax payer money and tie up the court system despite my feelings about it. But any attempt to actually mount a defense will just make you look foolish. At the end of the day, the right move was to find a safe spot to pull over.. put your hazards on.. pit your stand down and have a loo at your bike. You didn't do that. I'm not saying you where being intentionally dangerous or trying to brake the law.. you made a rookie mistake, but you did make it. The charge is 100% warranted. Now you know for next time.. it's a minor ticket and shouldn't affect your insurance with most companies if you have a clean record. Learn from it and move on.
 
bear22099 said:
After reading the original post again, it looks like he was saying that while he was trying to see if the bird was still stuck to his fairing, he wandered over the line, twice. He seems to feel that since nothing was coming, it was ok to let the bike wander around while he was doing yoga moves trying to see the front of his bike while still doing the speed limit.
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That's what it seemed like to me, too. I also agree with Rob that if not careful, the OP would be providing evidence of careless.
 
why is this thread resurrected for a precedent that everyone should know about already.
 
shahfaisal said:
and i did make sure there was no traffic at all, before i diverted my attention. even the cop admited that there was no traffic
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You're saying you were swerving due to suddenly seeing some birds, so you were taking emergency evasive action but still had time to make sure there was no traffic before performing your emergency evasive action? Sounds quite improbable.
 
Wtf? So they ticket you for doing a fairly safe maneuver with no traffic around but people can swerve between lanes and cut into oncoming lanes on twisty sections (because they can't drive for ****) all the time and hardly anyone gets pulled over for it? Sounds to me like the cop just has a hate on for motorcycles and decided to take it out on you.
 
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