Failure To Move Over Ticket | Move Over Law Ontario
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 traffic ticket.
So let’s get down to the details and peculiarities of Move Over Law.
Section 159(2,3) of the Highway Traffic Act states that when approaching a stopped emergency vehicle with its lamp producing intermittent flashes of red or red and blue light or a tow truck with with flashing amber lights stopped on a highway, the driver travelling on the same side of the highway, should do the following:
- slow down – reduce the speed of his car to less than posted speed limit;
- proceed with caution or pass, considering traffic situation on a highway and the weather;
- move over: in case if the highway has two or more lanes and the driver is travelling on the same lane the emergency vehicle stopped, move over to another lane, providing a free lane between the driver’s car and the emergency vehicle if it’s safe.
Emergency vehicles include ambulance, fire vehicle, police cars, tow trucks, public utility vehicles.
If you’re convicted for not obeying Ontario’s move over law, you might face 3 demerit points, pay hefty fines (from $400 to $2,000) in case of the first offence. The second and subsequent offences have much more servere consequences, including jail time and driver’s licence suspension.
Fail to Stop for Emergency Vehicle Ontario
There is one more traffic violation related to the failure to move over for emergency vehicle – fail to stop for an emergency vehicle.
It’s regulated by section 159(1) of the Highway traffic act. It states that when approaching such emergency vehicles as:
- police department vehicle with its bell or siren turned on or with red light or red and blue lights flashing; or
- fire department vehicle, ambulance or public utility emergency vehicle with its bell or siren turned on or with red lights flashing
the driver should bring his/her vehicle to a full stop as near as is practicable to the right-hand edge of the roadway; or if the roadway has two or more lanes, the driver should bring his/her car to a standstill as near as is practicable to the nearest curb or edge of the roadway.
Penalties for failing to stop are the same as for pulling over for emergency vehicles Ontario.
Penalties for Failing to Move Over Ticket in Ontario
As mentioned, the consequences of not following the Ontario’s move over law depend on the number of offences:
- (3) three demerit points;
- fine between $400 to max. $2,000;
Second and subsequent offences:
- (3) three demerit points;
- fine between min. $1,000 to max. $4,000;
- jail time up to six months;
- possible driver’s licence suspension for up to 2 years.
A conviction for this offence will stay on your driving record 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 fail to move over for emergency vehicle 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 Move over law in Ontario, overall 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 traffic violations.
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!