Ticket: Pass on Right - not in safety - Well here we go!

[puttockc]

College and Euclid, Eastbound right lane of four lane road (two each way), stopped at red light 11:30pm May 10.
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Pulled up behind a car or two, looked over my shoulder for bicycles, saw it was all clear, pulled to the right of the vehicles and proceeded to the front of the line.

Just as I was about to put my foot down, I noticed the light changing so I got ready and when it changed, took off. As I moved through the intersection I noticed the police giving me the "Come **** me eyes".
They were in a cruiser in the Westbound, Left lane. They caught up, pulled me over and presented me with a token of their love.:love4:



Options:

1. If I pay the ticket, it'll hit me starting in february(renewal) and expire by May 12, 2017

2. A. If fight it and end up with a charge, it'll be on my record for 3 years from that date, so it'll take longer and would likely take effect before my renewal.

B. If I fight it and get a disclosure, and win/get an 11b, i'm home free, but its potentially obstructive to my classes and to work. But hey, Maybe no one will show and the crown will have no evidence.ccasion9:

Considerations:
I'll be 25 at the end of the summer and I'll have my M in a few weeks. I am not sure how hard this will hit my insurance, would appreciate a first hand from someone who went from a clean record to one infraction.

is this a big ticket? the fine is smallish $110.00, I mean I am currently fighting a $150.00 Parking ticket.


Thoughts on course of action and reality check on the effect of this ticket on my record?


Thanks Everyone!!:agave:

 

[XenoVibe]

Don't tell your insurance and your rates wont necessarily go up. The statefarm agent I talked to didn't even bother looking up my record.
I told him no accidents, tickets or anything and he took my word for it.

Now, he could potentially drop my insurance but if you have life insurance with SF with bike you can pay your bike payments monthly with your life insurance bundle so if he cancels I wont have paid in full. However, having an insurance company cancel a policy is bad on a record, so don't mention it when you go to the next SF agent.. lol

 

[johnscruiser]

Don't tell your insurance and your rates wont necessarily go up. The statefarm agent I talked to didn't even bother looking up my record.
I told him no accidents, tickets or anything and he took my word for it.

Your agent doesn't check your record when quoting you, they take your word for it. Only head office checks your record about a month later. If you've lied to your agent they cancel your policy (or adjust the rate accordingly).

To the OP, fight every ticket. If you let this one slide there will be some time down the road where you're thinking "Damn, if I had just fought that first ticket...". Trust me on this. Just one ticket excludes you from group "A" rates with StateFarm so yes, even one ticket will cost you!

 

[puttockc]

Your agent doesn't check your record when quoting you, they take your word for it. Only head office checks your record about a month later. If you've lied to your agent they cancel your policy (or adjust the rate accordingly).

To the OP, fight every ticket. If you let this one slide there will be some time down the road where you're thinking "Damn, if I had just fought that first ticket...". Trust me on this. Just one ticket excludes you from group "A" rates with StateFarm so yes, even one ticket will cost you!

Ok, I'll fight , and keep you up to date,

My insurer is TD meloche monnex


Sent from my my mobile using a strange app for damaged people

 

[nobbie48]

Re telling your insurer, If they ask then tell but don't volunteer anything if they don't.

I get renewals but never a questionnaire unless I'm switching companies. The policy renewal comes in the mail and I either send a cheque or the cancel page.

Re the charge, two lanes plus a bike lane each way. On street parking is inset. Streetcar tracks both ways.

If the city or province wants to eliminate a couple of billion in debts just ticket everyone that passes on the right OR, better yet, people that don't keep to the right. What unsafe act drew attention to a rather petty (IMO) offence?

It could be that the police couldn't see you until the light had changed and, having a bit of momentum, you emerged appearing to be blasting by the still standing cars. I don't know if that scenario negates the charge.

The joys of law. Two vehicles stopped at a red light and it turns green. If one out accelerates the other it could be HTA 172. If they match speeds they could be charged with impeding traffic. To be safe both drivers should get out of their cars and play rock, scissors, paper to decide who goes first.

 

[coyo]

The way I read the scenario and in looking at Google Streetview; there is 2 lanes and a bike lane (each direction). The inset parking lane is west of the OP's location and not in play. The OP pulled to the right of the car in the right lane, there was no additional lane that he could share with parked cars and he's not allowed to be in the bike lane; he's filtering. Agree or not with filtering being illegal (I think it should be legal, BTW) it is illegal and the appropriate charge was laid.

Re the charge, two lanes plus a bike lane each way. On street parking is inset. Streetcar tracks both ways.

If the city or province wants to eliminate a couple of billion in debts just ticket everyone that passes on the right OR, better yet, people that don't keep to the right. What unsafe act drew attention to a rather petty (IMO) offence?

It could be that the police couldn't see you until the light had changed and, having a bit of momentum, you emerged appearing to be blasting by the still standing cars. I don't know if that scenario negates the charge.

The joys of law. Two vehicles stopped at a red light and it turns green. If one out accelerates the other it could be HTA 172. If they match speeds they could be charged with impeding traffic. To be safe both drivers should get out of their cars and play rock, scissors, paper to decide who goes first.

 

[Rob MacLennan]

My first comment is the officer either wasn't aware of the R. v Bunda decision, or he was cutting you a break.

http://www.gtamotorcycle.com/vbforu...ate-of-the-law-in-Ontario-a-look-at-R-v-Bunda

You have an absolute right to challenge any charge, as The Crown must prove their case. I would suggest that you find good paralegal representation (there are many people here would recommend) in order to improve your chances of a positive outcome. That's going to cost you though.

Compare that with paying the ticket (which your insurance company probably considers a minor) and losing any discount rates you'd be receiving.

 

[jc100]

Meloche Monnex has a forgiveness clause if you activated that. One "get out of jail" card I think although I don't know what the cut off for degree of infractions is.

 

[drumstyx]

The way I read the scenario and in looking at Google Streetview; there is 2 lanes and a bike lane (each direction). The inset parking lane is west of the OP's location and not in play. The OP pulled to the right of the car in the right lane, there was no additional lane that he could share with parked cars and he's not allowed to be in the bike lane; he's filtering. Agree or not with filtering being illegal (I think it should be legal, BTW) it is illegal and the appropriate charge was laid.

Policy is that it's not tolerated, but it isn't specifically illegal. It's also not specifically legal in California. The wording of the relevant laws are almost identical, but the policy there is that it's tolerated.

 

[puttockc]

I have filed for early resolution and am awaiting a letter.

Should I request disclosure before or after I meet with the prosecutor?


Sent from my my mobile using a strange app for damaged people

 

[Rob MacLennan]

Policy is that it's not tolerated, but it isn't specifically illegal. It's also not specifically legal in California. The wording of the relevant laws are almost identical, but the policy there is that it's tolerated.

Incorrect. There are a variety of valid applicable charges for that here, in Ontario, where one vehicle is passing active vehicle another in the same lane. We've been through that, repeatedly, in this forum. The worst case is exactly as in the link I posted, in post #7; HTA 172 charge, vehicle confiscated, license suspended. Case law, in Ontario, supports my statement,

Unlike Ontario, the case law in California swings the other way. You can still be charged when lane splitting, in California, unless you are doing so in the prescribed manner. It generally falls into the category of "dangerous operation."

 

[unL33T]

My first comment is the officer either wasn't aware of the R. v Bunda decision, or he was cutting you a break.

http://www.gtamotorcycle.com/vbforu...ate-of-the-law-in-Ontario-a-look-at-R-v-Bunda

You have an absolute right to challenge any charge, as The Crown must prove their case. I would suggest that you find good paralegal representation (there are many people here would recommend) in order to improve your chances of a positive outcome. That's going to cost you though.

Compare that with paying the ticket (which your insurance company probably considers a minor) and losing any discount rates you'd be receiving.

Just read some of that thread. Apparently my whole life I've been stunting/dangerous driving with many of my right turns. Boo.