underscore | 05-18-2009 03:39 AM | Driving without consideration ticket for starters, the ticket is written as "drive without consideration", MVA act, section 144(1)(b) with a $196 fine. I'm trying to determine if I have any grounds on which to dispute this ticket. Quote: 144 (1) A person must not drive a motor vehicle on a highway
(a) without due care and attention,
(b) without reasonable consideration for other persons using the highway, or
(c) at a speed that is excessive relative to the road, traffic, visibility or weather conditions
| what happened was I made a left turn onto a 1 way street downtown tonight, about 20 to 11 according to the ticket so it was dark out. I had dropped a gear and slowed down for the turn, then accelerated out of the turn. I wasn't looking at the gauges as I was looking at the road ahead of me around the corner, although I would estimate I was doing 35 through the corner and accelerated up to maybe 50 by the time I was fully finished the turn. just ahead of me I see the police van sitting at a stop sign waiting to turn onto the 1 way. as soon as I came around the corner, the van lights up and I pull over to the left. now the officer tells me that I was driving too fast around that corner, and gives me this ticket for "driving without consideration" as I "could have hit someone jaywalking" and that "would be on my conscience." I tried to explain to the officer that I could clearly see around the corner and that there was noone in the road but he completely ignored that and handed me the ticket.
now I think this is bull, so far as I can tell there's no law stating that you have to slow down a certain amount below the limit while turning. I was also not speeding and I could easily the road ahead of me where I would complete my turn. finally, he told me this is because someone could be jaywalking (though there was noone in sight) and I could hit them, however if someone is jaywalking are they not breaking the law? by this logic could you not give everyone who isn't creeping around corners a ticket because they might hit a jaywalker? I don't get how 144(1)(b) applies as that refers to "reasonable consideration for other persons using the highway", however anyone walking on a highway without using a crosswalk properly is using the highway illegally if my understanding is correct.
I also don't know if it makes a difference, but the officer wrote my house number in the space for my drivers license number, then kinda crossed it out (though not too well) and wrote my license number. could I use this to show he may have been tired from a long shift, or not fully paying attention?
finally if I dispute I was planning on taking several nighttime and daytime shots of the intersection and corner to show that I could clearly see around the corner well enough to know that there wasn't anyone around, let alone someone jaywalking. or would that be irrelevant? |