Search found 13 matches
- Wed Jul 21, 2010 10:45 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
The Verdict is in!
All right everyone! First of all I'd like to thank everyone who helped me out with any questions that I had regarding this case. I'd like to send a special thank you out to Biron and Radar Identified, you guys were an EXTREME help! Thank you! I spent ALOT of time preparing for this court date, and through research found that the fine was incorrect. For those of you that don't know why this is important, basically you have 1 option at this point, if you want it to be quashed. That is to NOT show up for court, the JP will them examine the ticket and see if it is 'regular on face'. Meaning everyt...
- Tue Jun 08, 2010 12:14 am
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
- Fri Jun 04, 2010 8:59 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
Fatal Flaw?
Hey sorry to stray away from your 'white' defense. I have just read another person's forum where they mention that they have recieved a fine of $325... 260 for the fine, 60 for the victims surcharge, and 5 for the court costs. I asked if this was an error on his ticket and Radar Identified mentioned that IS correct. That is the set fine for all of Ontario. Here is the link to the set fines. http://www.ontariocourts.on.ca/ocj/en/setfines/one/index.htm On my ticket it is written a 250 fine, with a 50 victims surcharge, and says total payable is 300.00. THIS IS AN ERROR Here is a previous court c...
- Fri Jun 04, 2010 6:43 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Red light- Fail to stop 144(18).. suggestions?
- Replies: 14
- Views: 4038
Really?! I have in front of my my ticket and it says Set fine $250, Total Payable $300. Then beside that it says, Total payable includes set fine, applicable victim fine surcharge and costs.
Is it possible that there are different Total Payables for each city or is there a flaw that I didn't know of on my ticket? Maybe I should ask that elsewhere, but if you don't mind answering I'd appreciate it.
Is it possible that there are different Total Payables for each city or is there a flaw that I didn't know of on my ticket? Maybe I should ask that elsewhere, but if you don't mind answering I'd appreciate it.
- Thu Jun 03, 2010 10:28 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: Red light- Fail to stop 144(18).. suggestions?
- Replies: 14
- Views: 4038
Someone please correct me if I am wrong, but if you have been charged with 144 (18), I'm under the understanding that it is a $250 charge with a $50 victims surcharge (Whatever that is, ... a crock).
If I am correct this would be a fatal flaw. What you would have to do is choose to fight it, then NOT show up for trial in hopes the the JP sees that it is the wrong fine, and it gets quashed. If they don't notice and it goes through, you should appeal it, as it is the wrong fine.
Mind you I'm not 100% so I hope someone corrects or confirms this.
Best of luck.
If I am correct this would be a fatal flaw. What you would have to do is choose to fight it, then NOT show up for trial in hopes the the JP sees that it is the wrong fine, and it gets quashed. If they don't notice and it goes through, you should appeal it, as it is the wrong fine.
Mind you I'm not 100% so I hope someone corrects or confirms this.
Best of luck.
- Thu Jun 03, 2010 7:58 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
Alright I will have to do that as far as the pictures are concerned. I definately feel that I am 'onto something' as far as me feeling that the officer, from his viewpoint believed that I had entered into the intersection on a red light. In his notes he says that I 'cut the corner'. This only strenghtens my belief that from the angle that he saw my vehicle, that what he 'saw' was my car entering into the intersection on a red light, when this in fact is incorrect. I'm going to work my case based around that I think, as well as my testimony and the testimony of my wife. Biron was kind enough to...
- Mon May 31, 2010 5:54 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
Wow, alot of good information here and I do appreciate it. Let me be clear Biron, I wasn't meaning to be belligerant in any way. I have, from the beginning been open to everyone's comment. I do apoligize that it seemed I was saying that you said I HAD to get a paralegal. I understand that it would be in my best interest to hire a paralegal as they know the ins and outs of the court system. Here is my situation. I am not hugely concerned with the conviction going on my record. I've spoken with my insurance company and they have made it clear that I have a perfectly clean driving record with no ...
- Sun May 30, 2010 5:38 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
Perfect! Thank you. It's nice to know the basic format that will take place. So my understanding is that the defence is governed differently as far as how they can question the witness. Meaning they are somewhat permitted to ask 'leading questions' to have the witness say what you want them to say. The main thing that I am concerned with is questioning the officer. I'm nervous of that and concerned that he will stick to his guns and even bend the truth to what he believes. Some part of me is tempted to pass on the opportunity to cross examine the police officer and just call my witness. The ot...
- Sun May 30, 2010 5:21 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
The officer's wording was "Why did you run that light" I answered "Just stupidity" The only thing, if anything I can see them proving is that I failed to yield to an amber light. But that is not what I am being charged with. How can I go about trying to get a visual of the intersection and where it happened without the use of a photograph. (I haven't read the section you have referred to Radar, I will be going to read that after I post this, maybe that answers for me.) But that is my main point of using a photograph is to prove the way that the intersection is set out. I su...
- Sun May 30, 2010 4:21 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
Yes I agree. I'm not to concerned with being charged with failing to yield to an amber light. Case law says that once I am in trial for failing to yield to a red light they can't change the charge. I disagree that I HAVE to hire a paralegal to fight my case. I believe that the courts were set up so that we don't have to do that. I'm concerned with being nervous before the court. That is why I have asked the structure or order that they call witnesses. etc etc. I believe I have quite a few things going for me. I'm 25 years old, married, child on the way with a clean driving record. I'm responsi...
- Tue May 25, 2010 7:12 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
I have gotten a copy of my disclosure. Here are the notes that the police officer has provided. I typed. -Marked Police vehicle 5 -Observed vehicle exit private driveway at high speed- (gives address) -Observed vehicle again at (Gives address) -Followed immediately behid vehicle and observed it speed up and cut orner in an attenpt to bea(bea crossed out) what appered to be "beat the light" -The light turned red prior to car entering intersection (FALSE) -Roof lights on -Vehicle to shoulder -Valid ON photo DL/Own/Ins -Unreadable content -Obvserved intersection light for 3 complete cyc...
- Fri Feb 05, 2010 11:28 am
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
Thanks so much for the reply. The one thing I am unsure about is cross examining the officer. Could you make some suggestions as to the questions that I could ask. From what I researched I could have been charged with fail to yield to an amber light which carries the same fine. Is it possible that right in the trial they can change the charge to that? I will be using my wife as a witness, will I have to question her as well?
- Thu Feb 04, 2010 6:50 pm
- Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
- Topic: 144(8) I got a ticket for running a red... on an amber?
- Replies: 34
- Views: 11101
144(8) I got a ticket for running a red... on an amber?
Hey, I've chosen to fight the ticket that I was given. I was given a ticket for running a red light. The only thing is, I entered while it was yellow. Here is the situation. I was making a left hand turn onto a road. I was going at about 50 Km/hour. As I was approaching the green light it turned to amber, in my opinion, with the rate of speed I was going, I could not have stopped safely. I entered the intersection on a Amber. I was I would say 15 feet from the stop line when it turned Amber. I was able to see the light turn red JUST as I was going under it. To give some history to this, I was ...