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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I accidentally drove on the bus lane thinking that it was

Customer Question

Hi,
So I accidentally drove on the bus lane thinking that it was already the free flowing lane. When I realized that there was still an intersection before the free flowing lane, I immediately switched back to the middle lane. My stay on the bus lane did not even last 20 seconds but I still got pulled over.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Daniel Freudman replied 1 year ago.

Most criminal offences require "intention" or a 'guilty mind'- e.g. for assault, you have to *intend* to hit someone. Unfortunately, offences under provincial legislation, such as Highway Traffic Acts, or different- no intention is required. For example, you can still be convicted of speeding even if you didn't intend to speed. Similarly, you can still be pulled over and found guilty of driving in the bus lane even if you didn't realize it was a bus lane (rather than free-flowing traffic). It may be a defence perhaps if you were driving in the lane due to an absolute emergency (e.g. driving pregnant wife to hospital, or driving in bus lane because another car cut you off forcing you into that lane to avoid collision). However, assuming it was just a careless mistake, it is very unlikely you'll escape liability, even if it was only a brief mistake.

Expert:  Daniel Freudman replied 1 year ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services. Thank you.

Expert:  Daniel Freudman replied 1 year ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services. Thank you.

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