Q&A - Slow Down, Move Over Ticket
My girlfriend, being an anxious driver, asked me if I would drive because road conditions were slippery. I still have my N, but had no N sign in my girlfriends car. I figured it was safer if I drove to the stop in Merritt since she did not feel comfortable.
When we were almost in Merritt, cars started flashing lights at us to warn of cops. I was already going speed limit so I figured I had nothing to worry about. After about 5 minutes, I rounded a corner and about 100m from the corner there were 2 cop cars pulled over on the side of the road.
I instinctively slowed down even more, and looked to see if I could change lanes. There was another car less than a car length behind me, and I figured it was unsafe to pull in front of him. In order for me to get behind him, I would have to break hard, which is normally not a good idea in late October right around a corner.
The car beside me was also braking as he saw the cops which made it even more difficult to pull behind him.
In the short amount of time from when I saw the cops to when I passed them, I tried instead to slow and give them a wide berth.
A cop turned his lights on and pulled me over. He said he pulled me over because I failed to slow to 70 and pull in the other lane. He also noticed I had no N on the back of my car.
I tried to explain my reasoning but he was in a rush and never listened.
He looked at my record and saw if I had any more demerit points against my license I would be suspended. He told me if he gave me a ticket for having no "N" up, that it would give me demerits points, and that a ticket for "Failure to move over for a stopped emergency vehicle" section 47.02(3) would give me no demerits points and just carried a 173$ fine.
He gave me the failure to pull over ticket and gave me an N to put on my car.
Later, I phoned a friend I have who is a cop who told me the first cop was wrong and that the failure to pull over ticket carries 3 demerits and the N ticket has none.
I work at a car dealership and would lose my job if I lost my license, I am a year from being able to get my full license, and could not possibly afford to lose my license again.
First off, which cop is right?
If I'm on driving probation with my N and I get either of those tickets, would I lose my license?
Is it better to get an N ticket or a failure to pull over ticket?
Would I stand any chance if I brought this to court? If so, what could I possibly say?
Finally, if my friend was right and the no N ticket is the one I needed to get, is there any way I could talk to the cop and get it switched? Or if I asked the judge in court if he would switch them would that work?
I agree I deserved the no N ticket, but I truly feel I did the best I could in my given situation with the failure to pull over ticket.
One final note, my girlfriend said she would stand as a witness for me as she was there for the whole thing, would that help?