Why did I get a ticket? | Page 4 | GTAMotorcycle.com

Why did I get a ticket?

Mr.Azim said:
HTA

Driving off roadway prohibited

(2) No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway. R.S.O. 1990, c. H.8, s. 150 (2).

Parking lanes are not part of the 'road way' as they are not "designed or ordinarily used for vehicular traffic". They're used to stop in, not drive in.
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Hey Bro,

Fortunately it was NOT a parking lane, it is a regular lane that happened to have parked cars in it at that time.

And it is NOT a shoulder, check out the picture, there is a broken white line indicating there are 2 lanes.

I went down to Edward st. and requested a trial, hopefully the prosecutor will see things in my favor and withdraw the charge.

Alex
 
I'm all for giving Courtesy to Keep traffic moving and allow others fair usage of the road. But for me personally I do not consider it to be an given expectation. OP: I'm Sorry you were hurt by someone else's negligence.
 
Hi,

What I find kind of strange is the officer said that "in his opinion we were equally at fault"!

But, I got a 3 point demerit ticket and the car guy got a 2 point demerit ticket (unsafe left turn).

While he was "at fault" for the accident.

The cop has every right to his opinion,but he should go by the law and not his "opinion"!

I've read that under no circumstances is a left turning vehicle exempt from due diligence, making sure his path is clear to turn.

It seems like this cop wants me to draw the short straw so to speak, as the at fault guy got lesser penalties than I.
 
double
 
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krrakt said:
Does he need to be charged if I want to sue him for my injuries?
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No, he doesn't have to be charged in order for you to sue him. Msg me and I'll give you a good Personal Injury firm. I'm using them right now in my own PI case.
 
jeffjones said:
Incorrect.
If the cars are parked you have the right to ride in that lane if you fit.
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^^^This. Still considered a live lane regardless of parked vehicles. I've looked at this Street on Google Street View and this seems to fit the OP's story. Cop was in the wrong. OP fight this ticket.
 
krrakt said:
Hi,

What I find kind of strange is the officer said that "in his opinion we were equally at fault"!

But, I got a 3 point demerit ticket and the car guy got a 2 point demerit ticket (unsafe left turn).

While he was "at fault" for the accident.

The cop has every right to his opinion,but he should go by the law and not his "opinion"!

I've read that under no circumstances is a left turning vehicle exempt from due diligence, making sure his path is clear to turn.

It seems like this cop wants me to draw the short straw so to speak, as the at fault guy got lesser penalties than I.
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Why do you seem to think there is some secret vendetta against you? The officer looked at the collision and applied the most appropriate charges to what he felt occurred.

141(5) Left Turn fail to afford reasonable opportunity to avoid collision. 110 , 3pts (Applies to Intersections only)
142(1) Turn not in safety. 110, 3pts. Applies to all vehicles turning left or right doing so safely AND a signal shall be used to alert others.
130 Careless: 490, 6pts. Driving without due care and attention, or without reasonable consideration for other users.

From above the most appropriate charge based solely on what you have told us; would be 142(1) for the cage driver. Careless is not the most appropriate charge, 142(1) outlines what occurred as stated by OP.

i dont recall what passing charge you received, 150(1) 150(2).

Keep in mind the officer wasn't there. As a result he has to rely on statements of drivers, witnesses and any footage that may be available. He/she can only go on what they observe at the scene and what witnesses state. You allege that the left lane traffic was stopped, you were proceeding in the right lane, which you allege did not contain moving traffic, or other vehicles to your left side, only parked cars to your right. Perhaps a witness saw it another way?

Maybe Someone saw a stopped vehicle in lane 2 as well, and saw you pass it to the right?
 
?spoc said:
Why do you seem to think there is some secret vendetta against you? The officer looked at the collision and applied the most appropriate charges to what he felt occurred.

141(5) Left Turn fail to afford reasonable opportunity to avoid collision. 110 , 3pts (Applies to Intersections only)
142(1) Turn not in safety. 110, 3pts. Applies to all vehicles turning left or right doing so safely AND a signal shall be used to alert others.
130 Careless: 490, 6pts. Driving without due care and attention, or without reasonable consideration for other users.

From above the most appropriate charge based solely on what you have told us; would be 142(1) for the cage driver. Careless is not the most appropriate charge, 142(1) outlines what occurred as stated by OP.

Keep in mind the officer wasn't there. As a result he has to rely on statements of drivers, witnesses and any footage that may be available. He/she can only go on what they observe at the scene and what witnesses state. You allege that the left lane traffic was stopped, you were proceeding in the right lane, which you allege did not contain moving traffic, or other vehicles to your left side, only parked cars to your right. Perhaps a witness saw it another way?

Maybe Someone saw a stopped vehicle in lane 2 as well, and saw you pass it to the right?
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I received, 150(1)

I believe it is an intersection, the car was turning onto a street that intersected with Danforth so he should have gotten 141(5) IMO

Another vehicle would not fit there, perhaps another motorcycle but I doubt it would even fir along with a parked car and myself.

I just felt that the cop did not like me for some reason, there was huge tension between us when we were speaking.

Thanks for the input.
 
I spoke with my adjuster today,

He contacted the other guy's insurance and had to send them the report as they did not know about the collision.

I wonder why he did not report it?
 
Here are some pictures of my bike I took today,

oops I can only upload 1 pic
 
krrakt said:
Here are some pictures of my bike I took today,

oops I can only upload 1 pic
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Get a photobucket account. You can't attach multiple files other wise.
 
sykobish said:
=( That really sucks. Poor thing is mangled.
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I was almost in tears when it happened, I know I will heal, my bike likely won't.

There are so few of these bikes around in good condition, I've been looking and the only one I've found that is better than mine was is going for 8500 bucks, an 97 yzf750r with 5000 km's.

All the others I've seen have damage or need work to get running. Bummer.

I guess I'll look around for a 97-98 gsxr 750 or a 98 r1, closest options to a yzf.
 
krrakt said:
I was almost in tears when it happened, I know I will heal, my bike likely won't.

There are so few of these bikes around in good condition, I've been looking and the only one I've found that is better than mine was is going for 8500 bucks, an 97 yzf750r with 5000 km's.

All the others I've seen have damage or need work to get running. Bummer.

I guess I'll look around for a 97-98 gsxr 750 or a 98 r1, closest options to a yzf.
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I know how you feel. I miss my little Loki. A friend let me take his bike for a ride (he has a cbr250 as well) and I got all misty eyed. =) I hope you're able to find another bike soon! Good luck on the hunt.
 
krrakt said:
Here are some pictures of my bike I took today,

oops I can only upload 1 pic
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I have every piece of bodywork in that exact colour to fix your bike right up, along with the instrument cluster and possibly clipons, headlights, windscreen, gas tank and tons of other spares. PM me if you're looking to fix it back up.

Along with an entire bike in track set up which is also for sale.
 
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Nope you're incorrect, he wasn't splitting the lane. I do it all the time in Aurora with parked cars, though I go very slow and putter along in first gear.
 
Cool, but I signed it over to insurance yesterday. I'll see if they wan to sell it back to me on Monday.

doubleapex said:
I have every piece of bodywork in that exact colour to fix your bike right up, along with the instrument cluster and possibly clipons, headlights, windscreen, gas tank and tons of other spares. PM me if you're looking to fix it back up.

Along with an entire bike in track set up which is also for sale.
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Bagel09 said:
Nope you're incorrect, he wasn't splitting the lane. I do it all the time in Aurora with parked cars, though I go very slow and putter along in first gear.
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I was putting along, like 15-20 clicks, did not even have time to break, just think about it. first gear, super slow..
 
If you had to stop when I'm in the right lane any time another car stops in the left lane you'd never get anywhere in this city. What a ******** ticket. Also, as far as I am aware, passing on the right is fully legal in Ontario.

As has been discussed before, riding in the parked car lane is not splitting as you are not sharing a lane with an operational vehicle and you are (should) not be riding on the line but in the right hand lane.
 
unL33T said:
If you had to stop when I'm in the right lane any time another car stops in the left lane you'd never get anywhere in this city. What a ******** ticket. Also, as far as I am aware, passing on the right is fully legal in Ontario.

As has been discussed before, riding in the parked car lane is not splitting as you are not sharing a lane with an operational vehicle and you are (should) not be riding on the line but in the right hand lane.
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It is, when the two vehicles are in separate lanes. It is, under certain specific conditions, when there is only one lane for both vehicles.
 
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