- Will.Moreland
- Newbie
- Posts: 1
- Joined: Tue Jan 27, 2015 1:22 am
Failure To Come To Complete Stop Turing Right On A Red
My friend has her court date in the morning and is in need of help. At the time of the ticketing, she had her G2 for two months. Here is what happened.
We were coming back from Barrie, she was making a right turn on a red light and did a rolling stop. She was not pulled over for at least five minutes after that and had no idea why she was being pulled over. She was under the impression that you only had to yield to oncoming traffic when making a right on the red unless there was a sign saying stop here on red, which at this set of lights there was no such sign. She explained the situation to the officer, but ended up getting the maximum fine of $325 and 3 demerit points. This was her first offence and she has not received any tickets or traffic violations since then. She has already put in the plea of not guilty, which is what the court date resulted from.
In the Guide for defendants for provincial offences cases, it stated:
Strict liability is one of the lines of defences and it says "you may raise a defence that you reasonably believed in a mistaken set of facts, which, if true, would render the act innocent".
What would be her best option in order to get the fine dropped or at least not get the points?