Passing when not clear - approaching traffic

[油井緋色]

Well...in a bit of a sticky situation.

Went camping with friends in two cars, I was not the driver of either vehicle. First vehicle decided to pass, against oncoming traffic on dotted yellow lines, second vehicle followed (I was in this vehicle). Mind you, the oncoming traffic was FAR away at the time. We merged, and there was a cop at the end of the oncoming traffic that turned around, sirens blazing, and pulled us both over.

Both drivers got hit with the following:

Passing vehicle going in same direction

148 (a) No person in charge of a vehicle shall pass or attempt to pass another vehicle going in the same direction on a highway unless the roadway,

(a) in front of and to the left of the vehicle to be passed is safely free from approaching traffic;

None of us have ever gotten a ticket before, so my question now is:

#1. Fight it or pay it? If we do fight it, what argument could we use in court?
#2. Are tickets supposed to show you a demerit point count? We were trying to find it after getting the ticket, but no luck due to ****** iPhone internet (no, the drivers were not using phones while driving -_-)

 

[Joe250]

I'm not a legal expert, but I'd say if you made the pass without causing a head on collision, that is was "safely free from approaching traffic".

Sounds like the cop was a bit cranky

 

[Torren]

I'm not a legal expert, but I'd say if you made the pass without causing a head on collision, that is was "safely free from approaching traffic".

Sounds like the cop was a bit cranky

I think that if the oncoming traffic had to take any action be it simply coasting down a bit or actually braking then that would be the issue, even if there was no collision

 

[killerkeith]

Was one of these cars a Yaris?

I saw 2 d-bags (one driving a Yaris and the other car was dark coupe full with Asians) on Hwy 6 just south of Bruce Peninsula National Park trying to pass over 100 cars leaving the park. I was killing myself laughing because what idiot passes anything in a Yaris. I hope it was just a rental car.

 

[油井緋色]

Was one of these cars a Yaris?

I saw 2 d-bags (one driving a Yaris and the other car was dark coupe full with Asians) on Hwy 6 just south of Bruce Peninsula National Park trying to pass over 100 cars leaving the park. I was killing myself laughing because what idiot passes anything in a Yaris. I hope it was just a rental car.

No lol, this was WAY before we hit that area.

Though, the RAV4 had huge problems trying to pass anything due to how effing slow it was. All I was thinking the whole time was "Should've rode" -_-

 

[Joe250]

No lol, this was WAY before we hit that area.

Though, the RAV4 had huge problems trying to pass anything due to how effing slow it was. All I was thinking the whole time was "Should've rode" -_-

Then we all could have gotten a good laugh when someone posted in the "I saw you" thread with you on the bike with your tent, sleeping bag, cooler, etc strapped to your back

 

[Rob MacLennan]

I think that if the oncoming traffic had to take any action be it simply coasting down a bit or actually braking then that would be the issue, even if there was no collision

This would be correct. If oncoming traffic had to take any action, in order to avoid a collision, then the oncoming lane was not sufficiently clear to pass.

Well...in a bit of a sticky situation.

Went camping with friends in two cars, I was not the driver of either vehicle. First vehicle decided to pass, against oncoming traffic on dotted yellow lines, second vehicle followed (I was in this vehicle). Mind you, the oncoming traffic was FAR away at the time. We merged, and there was a cop at the end of the oncoming traffic that turned around, sirens blazing, and pulled us both over.

Both drivers got hit with the following:

Passing vehicle going in same direction

148 (a) No person in charge of a vehicle shall pass or attempt to pass another vehicle going in the same direction on a highway unless the roadway,

(a) in front of and to the left of the vehicle to be passed is safely free from approaching traffic;

None of us have ever gotten a ticket before, so my question now is:

#1. Fight it or pay it? If we do fight it, what argument could we use in court?
#2. Are tickets supposed to show you a demerit point count? We were trying to find it after getting the ticket, but no luck due to ****** iPhone internet (no, the drivers were not using phones while driving -_-)

Tickets don't show a demerit point value. In this case it would be a 3 demerit point offence. You could argue that the lane was in fact clear to pass, and that oncoming traffic didn't have to take any preventive action but if the officer was in the oncoming lane and had to slow, then the lead vehicles obviously also had to do so.

 

[油井緋色]

This would be correct. If oncoming traffic had to take any action, in order to avoid a collision, then the oncoming lane was not sufficiently clear to pass.



Tickets don't show a demerit point value. In this case it would be a 3 demerit point offence. You could argue that the lane was in fact clear to pass, and that oncoming traffic didn't have to take any preventive action but if the officer was in the oncoming lane and had to slow, then the lead vehicles obviously also had to do so.

Is it worth it just to go to court in order to "hope" that officer doesn't show or ticket gets thrown out?

Are there any additional charges or chances of getting the charge increased?

 

[Rob MacLennan]

Is it worth it just to go to court in order to "hope" that officer doesn't show or ticket gets thrown out?

Are there any additional charges or chances of getting the charge increased?

The answer to the first question is purely up to the person, who received the infraction. I would never do so without having some theory of defence, or plan for negotiation with The Crown.

The answer to the second question is that it's unlikely.

 

[油井緋色]

The answer to the first question is purely up to the person, who received the infraction. I would never do so without having some theory of defence, or plan for negotiation with The Crown.

The answer to the second question is that it's unlikely.

Would this ticket be considered a minor ticket? How many minor tickets can one have before insurance takes out the dildo and rams it up the insured's ***? lol

 

[bboySushi]

Depends with who you're with. I believe TD has a first ticket offense grace, and state farm allows one minor conviction.

Make any notes you can now and initial/date them regarding your speed, the location, cars in view, etc.
At least get the disclosure and see what notes the cop has made.

 

[Rob MacLennan]

It would be considered a minor. Most companies ding you for a second minor, but it varies.

 

[油井緋色]

Depends with who you're with. I believe TD has a first ticket offense grace, and state farm allows one minor conviction.

Make any notes you can now and initial/date them regarding your speed, the location, cars in view, etc.
At least get the disclosure and see what notes the cop has made.

Alright, this is what I advised my friend to do from reading the law board. Thanks a lot everyone!...

On a side note, I really think the leading car should NOT have been ticketed, otherwise the rear car (one I was in) should have crashed -_-

 

[OpenGambit]

This type of ticket is on the easy end of the scale in terms of beating the ticket.

You are best off simply showing up and arguing that it was safe.

any offence that has inherent subjectivity is easy to raise reasonable doubt.