I was coming home this morning (just an hour ago) after dropping my mom off at work and was nearing an intersection. As there was no traffic near me, I slowed down and made a right turn since the light was yellow. The police cruiser stopped at the red light came right after me and pulled me over. The reason? I "blatantly blew a red light". I'm still trying to come to terms with this. I'm just a college student with a perfect driving record. I drive safe and my car is maintained properly and in fine shape. I did absolutely nothing wrong but knew that I couldn't argue anything with the officer. She was pretty adamant about giving me the ticket and claimed she had given out enough cautions about it. Ok, great, so why didn't I get a caution for a first time "offense"? Her words were that I will get demerit points and my insurance will "jack up". Excellent. So now I'm sitting here with a $325 ticket for breaking Highway Traffic Act 144(18) Red light (18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18). The ticket officially states "Red light - fail to stop" This is a complete LIE! I didn't argue it with her but I was clearly shocked that I was receiving the ticket in the first place. I know better than to provide a police officer desperate to meet her quota with an actual reason for trouble. My question to you folks here is how good are my chances of overturning this charge since it's a complete and utter lie? I always get off QEW at Cawthra, turn south, and then turn right into South Service Rd. It's always a right turn for me at that particular intersection as it's the shortest route to my home. This means that I NEVER pass straight through the intersection. So how can I possibly run a red light? I definitely plan to fight this, as a student I can't even afford this ridiculous charge and the fact that my insurance will skyrocket. I refuse to be a victim of a dishonest officer. The way she was presenting the case was that I was driving recklessly and should've stopped before turning. The fact of the matter is that the light was yellow when I began turning and I obviously slowed down. If I had taken such a tight turn at 50km/h (posted limit on Cawthra) I would've obviously lost control and crashed into the median on South Service. At the very least my tires would've squealed. I still had my hockey gear in the car, my goalie pads and anything else would've tumbled towards the left side. Her point of view is completely illogical. Any help or comments would be greatly appreciated. PS. My insurance and driving record won't be affected unless I plead guilty, right? Is this something I will need an attorney for or will the judge understand my point?
Topic
Ticketed for right turn at yellow light [resolved]
It's not something I do often, but I consider myself a good actor so I can appear confident regardless :lol: Question: would I be allowed to have my statement printed and in my hands? I obviously wouldn't be reading from it line-by-line, but I would like to have it for reference in case I miss something. Also, any idea what kind of cross-examination I'm going to be facing?
It's not something I do often, but I consider myself a good actor so I can appear confident regardless
Question: would I be allowed to have my statement printed and in my hands? I obviously wouldn't be reading from it line-by-line, but I would like to have it for reference in case I miss something.
Also, any idea what kind of cross-examination I'm going to be facing?
Heh, I completely misunderstood your post. I would do better with point form anyways since I just need to remember the talking point; the rest is all in my head. Only a day away...getting nervous. I've scanned the officer's notes so you could take a look. Maybe you folks might pick up on something I missed. The second page is where she added a line on the side. Other than the typo on my car's make on the second page, I spotted no errors.
Heh, I completely misunderstood your post. I would do better with point form anyways since I just need to remember the talking point; the rest is all in my head.
Only a day away...getting nervous.
I've scanned the officer's notes so you could take a look. Maybe you folks might pick up on something I missed. The second page is where she added a line on the side.
Other than the typo on my car's make on the second page, I spotted no errors.
"In all likelihood the officer first observed my vehicle pass the white mark, then observed the red light (which had cycled from amber) and decided I must have entered the intersection while it was red." How strong is the opening to that statement? Is it wise to use "in all likelihood" or "the likely scenario"? I'm guessing I should absolutely refrain from using such words as "I believe" or "I think". Any other words to keep in mind?
"In all likelihood the officer first observed my vehicle pass the white mark, then observed the red light (which had cycled from amber) and decided I must have entered the intersection while it was red."
How strong is the opening to that statement? Is it wise to use "in all likelihood" or "the likely scenario"?
I'm guessing I should absolutely refrain from using such words as "I believe" or "I think". Any other words to keep in mind?
If you concede you went thru the amber (which is still the same fine and points), why not go see the prosecutor early on and discuss disobey lane light...$110, no points?
If you concede you went thru the amber (which is still the same fine and points), why not go see the prosecutor early on and discuss disobey lane light...$110, no points?
Cross examination: They might try to hammer you into a "the officer is lying" trap. Don't fall for it. If they flat-out ask you "so you are saying Constable X is lying?" then pull the usual trick that's used in interviews (why are you better than the other candidate): "I can't speak for the officer. I only know my version of events and what I observed and reacted to." They might ask you how long the light was amber for, how far were you from the intersection when it turned amber, what other traffic was around the intersection, etc. Note that it all has to add up to be credible: Distance from intersection, speed on approach to the intersection, length of the amber light, turn without toppling your hockey gear, etc.
Cross examination: They might try to hammer you into a "the officer is lying" trap. Don't fall for it. If they flat-out ask you "so you are saying Constable X is lying?" then pull the usual trick that's used in interviews (why are you better than the other candidate): "I can't speak for the officer. I only know my version of events and what I observed and reacted to."
They might ask you how long the light was amber for, how far were you from the intersection when it turned amber, what other traffic was around the intersection, etc.
Note that it all has to add up to be credible: Distance from intersection, speed on approach to the intersection, length of the amber light, turn without toppling your hockey gear, etc.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Thanks Radar, that is good information. How is going through a yellow light the same as going through red? Are you saying that even if I "win" my case, I'll still be charged the same fine and points? I'm not understanding this and it's the first I've heard of it.
Thanks Radar, that is good information.
FyreStorm wrote:
If you concede you went thru the amber (which is still the same fine and points), why not go see the prosecutor early on and discuss disobey lane light...$110, no points?
How is going through a yellow light the same as going through red? Are you saying that even if I "win" my case, I'll still be charged the same fine and points? I'm not understanding this and it's the first I've heard of it.
People think an amber means go ahead if you can and it by definition means you must stop. So by saying you've gone thru an amber, you've broken the law provided you could have stopped. Now it's harder to prove cause it relies on a lot more factor, but the fine for amber lights is the same. HOWEVER, you weren't charged with that, but while the officer is arguing you went thru a red...you could preempt the whole thing by trying to get the prosecutor to offer you a DISOBEY LANE LIGHT...no points... I'd rather try for a lower fine / pts than roll the dice of a major conviction like a red light....
People think an amber means go ahead if you can and it by definition means you must stop.
So by saying you've gone thru an amber, you've broken the law provided you could have stopped. Now it's harder to prove cause it relies on a lot more factor, but the fine for amber lights is the same.
HOWEVER, you weren't charged with that, but while the officer is arguing you went thru a red...you could preempt the whole thing by trying to get the prosecutor to offer you a DISOBEY LANE LIGHT...no points...
I'd rather try for a lower fine / pts than roll the dice of a major conviction like a red light....
Yes, I realize amber means stop. I never accelerate when faced with an amber light. What do you think, Radar? Would I be at an advantage if I go with FyreStorm's idea? Basically, you want me to just go to the court, ask the clerk to speak with a prosecutor, and tell him to charge me with something I'm not guilty of, keeping in mind the charge is going to have the same effect on my insurance and driving record? I don't understand this. I'm going to court tomorrow to fight for my case. I did not run a red light, it was amber. Considering the conditions and the distance from the intersection, I could not have stopped on time. Instead, I checked the intersection for traffic and passed through cautiously.
Yes, I realize amber means stop. I never accelerate when faced with an amber light.
What do you think, Radar? Would I be at an advantage if I go with FyreStorm's idea?
Basically, you want me to just go to the court, ask the clerk to speak with a prosecutor, and tell him to charge me with something I'm not guilty of, keeping in mind the charge is going to have the same effect on my insurance and driving record?
I don't understand this. I'm going to court tomorrow to fight for my case. I did not run a red light, it was amber. Considering the conditions and the distance from the intersection, I could not have stopped on time. Instead, I checked the intersection for traffic and passed through cautiously.
If you're adamant you didn't break the law, never plead guilty...period, that's not what the system was created for... If you think maybe you did, then work for the lesser offence, and disobey lane light applies, it's a light that control lane traffic, just a loose interpretation...
If you're adamant you didn't break the law, never plead guilty...period, that's not what the system was created for...
If you think maybe you did, then work for the lesser offence, and disobey lane light applies, it's a light that control lane traffic, just a loose interpretation...
Pleading to disobey lane light would give you no demerit points, smaller fine, and probably a minor (but not big) insurance increase for 3 years - depending on your provider. Some may forgive the one ticket. Better than a conviction for Red Light - Fail to Stop. However... Go to the trial. If the officer fails to show, the Prosecutor should withdraw the charge, and most of them will. If they try to adjourn it, make sure that the JP makes it pre-emptory on the Crown. If the officer does show up (odds are she will), see how you feel. Use your best judgment. Plea-bargaining takes a lot of the stress away and it is a guaranteed result. If you believe that you will be successful in a trial, reject their offer and go for it. Thing is, you were not charged with disobeying an amber light. Disobeying an amber light is not included in the offence of "red light - fail to stop." They cannot convict you of a different offence once the trial starts in a case like this. So if the Crown or the officer says "well actually it was amber," then you have won - stand up and say "motion of non-suit." The case hinges solely on whether or not you entered the intersection on a red. If you can introduce doubt, even show that you entered on an amber, and specifically hammer the officer on the point of "are you sure you didn't look at the vehicle, then look up and see that the light was red after the vehicle was across the line" then you have a decent chance. You, as a defendant in this case, are allowed to ask leading questions like that. If the officer falters and you are adamant and steadfast, the "credibility" issue should go in your favour. Remember to bring a copy of R. v. Sandhu to court with you. It is not binding, but it is relevant. Good luck tomorrow. You're the one who is in the best position to judge if you think you can win or not, and what course of action to take. If you start to feel doubtful, a plea-bargain is never a bad idea. One final tip: Show up early. Keep us posted on the result, too.
Mazda wrote:
What do you think, Radar? Would I be at an advantage if I go with FyreStorm's idea?
Pleading to disobey lane light would give you no demerit points, smaller fine, and probably a minor (but not big) insurance increase for 3 years - depending on your provider. Some may forgive the one ticket. Better than a conviction for Red Light - Fail to Stop.
However...
Go to the trial. If the officer fails to show, the Prosecutor should withdraw the charge, and most of them will. If they try to adjourn it, make sure that the JP makes it pre-emptory on the Crown. If the officer does show up (odds are she will), see how you feel. Use your best judgment. Plea-bargaining takes a lot of the stress away and it is a guaranteed result. If you believe that you will be successful in a trial, reject their offer and go for it.
Thing is, you were not charged with disobeying an amber light. Disobeying an amber light is not included in the offence of "red light - fail to stop." They cannot convict you of a different offence once the trial starts in a case like this. So if the Crown or the officer says "well actually it was amber," then you have won - stand up and say "motion of non-suit." The case hinges solely on whether or not you entered the intersection on a red. If you can introduce doubt, even show that you entered on an amber, and specifically hammer the officer on the point of "are you sure you didn't look at the vehicle, then look up and see that the light was red after the vehicle was across the line" then you have a decent chance. You, as a defendant in this case, are allowed to ask leading questions like that. If the officer falters and you are adamant and steadfast, the "credibility" issue should go in your favour. Remember to bring a copy of R. v. Sandhu to court with you. It is not binding, but it is relevant.
Good luck tomorrow. You're the one who is in the best position to judge if you think you can win or not, and what course of action to take. If you start to feel doubtful, a plea-bargain is never a bad idea. One final tip: Show up early. Keep us posted on the result, too.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
How do I go about pleading to the disobey lane light? Where do I go? What do I need to say? If my trial is set for 1:30pm, I expect my name to be called around 2pm-2:30pm. Let's say I arrive around 1pm. If the officer plans to show up, she should already be in the courtroom at this time, right? Is it safe to go in, check, then go back out and plead to disobey lane light?
How do I go about pleading to the disobey lane light? Where do I go? What do I need to say?
If my trial is set for 1:30pm, I expect my name to be called around 2pm-2:30pm. Let's say I arrive around 1pm. If the officer plans to show up, she should already be in the courtroom at this time, right? Is it safe to go in, check, then go back out and plead to disobey lane light?
I just went out at the break of dawn and recorded several cycles of the lights with my video camera and came to this: (This is for the lights facing me the day I got the ticket) Green - 40 seconds average Green, Pedestrian flashing - 17 seconds each time Yellow - 4 seconds average All red - 3 seconds average Now what would be the best way to incorporate this into my defense? I really need help on this, hopefully one of you can reply right away. Getting close to judgment hour now.
I just went out at the break of dawn and recorded several cycles of the lights with my video camera and came to this:
(This is for the lights facing me the day I got the ticket)
Green - 40 seconds average
Green, Pedestrian flashing - 17 seconds each time
Yellow - 4 seconds average
All red - 3 seconds average
Now what would be the best way to incorporate this into my defense? I really need help on this, hopefully one of you can reply right away. Getting close to judgment hour now.
I guess I logged on a little too late to provide any help (1:13 PM now, start of trial 1:30)... Even if you admit you entered on an amber light, that is not Red Light - Fail to Stop. Whether you could've stopped for the amber or not isn't the issue here, it's whether or not you crossed the line against a red. Plea-bargaining: Check in with the Prosecutor, mention your name and the case, and they'll usually discuss the options with you. So how did it go?
I guess I logged on a little too late to provide any help (1:13 PM now, start of trial 1:30)...
Even if you admit you entered on an amber light, that is not Red Light - Fail to Stop. Whether you could've stopped for the amber or not isn't the issue here, it's whether or not you crossed the line against a red.
Plea-bargaining: Check in with the Prosecutor, mention your name and the case, and they'll usually discuss the options with you.
So how did it go?
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
As smooth as a slimy fish. Officer didn't show up and the charge was dropped. Wore my best tux and the lawyers and judge thought I was an attorney, hah. Afterwards my girlfriend accidentally closed my door with the keys still in the car, so I had to spend $35 for a tow truck to open it LOL Today was a great day. Thank you all for your help, especially Radar for holding my hand throughout this grueling couple of months.
As smooth as a slimy fish. Officer didn't show up and the charge was dropped. Wore my best tux and the lawyers and judge thought I was an attorney, hah.
Afterwards my girlfriend accidentally closed my door with the keys still in the car, so I had to spend $35 for a tow truck to open it LOL
Today was a great day. Thank you all for your help, especially Radar for holding my hand throughout this grueling couple of months.
Congratulations! :D You definitely did all of the homework you needed to, and were well-prepared. Turns out you didn't need to be, but it's a win nonetheless. Nice job. Too bad with the tow truck callout, but better than $325+ in fines, 3 demerit points and a 3-year insurance increase!
Congratulations!
You definitely did all of the homework you needed to, and were well-prepared. Turns out you didn't need to be, but it's a win nonetheless. Nice job.
Too bad with the tow truck callout, but better than $325+ in fines, 3 demerit points and a 3-year insurance increase!
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…