Failure To Move Over Ticket
Ontario was one of the first provinces where Move Over Law was implemented. Despite this fact, the amount of tickets for failure to change lanes for emergency vehicle is increasingly growing every day. And, if you’re on this page, it seems that recently you’ve got familiarized with this traffic law by getting such a ticket.
So let’s get down to the details and peculiarities of this law.
Section 159(2,3) of the HTA states that when approaching the emergency vehicle that is parked on your side of the highway with flashing lights, the driver should do the following:
- reduce the speed of his car to less than posted speed limit;
- proceed (pass) with caution;
- in case if the highway has 2 or more lanes and the driver is travelling on the same lane that emergency vehicle stopped, move over to another lane, providing a free lane between driver’s car and emergency vehicle if it’s safe.
Emergency vehicles include ambulance, fire engines, police cars, tow trucks, public utility vehicles.
If you don’t comply with the law, you might get demerit points, pay hefty fines and even may lose your licence.
Penalties for failing to move over ticket in Ontario:
- 3 demerit points;
- 1st offence: fine between $400 to max. $2,000;
- Subsequent offence:
- fine between min. $1,000 to max. $4,000;
- jail up to 6 months;
- possible driver’s licence suspension for up to 2 years.
A conviction for this offence will stay on your driving history for 3 years. And in combination with demerit points for failing to move for emergency vehicle it may lead to dramatic insurance rates increase.
How to Fight Your Ticket for Failure To Move Over for Emergency Vehicle
Step 1: If you need the best possible outcome, hire a professional traffic ticket lawyer. An experienced specialist will determine the most appropriate course of action to fight your charge.
Step 2: Here you should act on your own and spend your time searching for similar cases, preparing all necessary documents and visiting the court. So, first of all, submit your ticket to the court within 15 days and request a meeting with a prosecutor, where you can check the possible charge decrease. If you’re not satisfied with the prosecutor’s suggestion, you can go to trial.
Step 3: Before trial (if you choose this option) you need to prepare questions to the police officer, witnessed your violation, and be ready to be questioned by the prosecutor. Remember, you should cross-examine a policeman in a way that draws a totally different picture of what happened and proves that you’re not guilty. Your defence strategy is key to getting positive results in court.
Yes, without knowing traffic laws and without experience in this field, it’s very hard to get your case dismissed. Moreover, it takes around 3 to 4 court visits to get any decision about your charge. So you need to think about all time and efforts to be spent in advance.
If you’re a rational person, you’ll always seek the help of real professionals to fight your failure to move over ticket. X-COPS has over 20 years of experience in resolving such cases. We are ready to represent you through the entire legal process and will stop at nothing to save your money and to keep your driving abstract clean. Just give us a call for a free consultation and check your best possible options. No obligation!