“Red Light Fail To Stop - Light Changed To Red Half-way Thru”

Hello,

Thanks in advance for any help!

Yesterday (September 24 2011) I was driving on Main Street in Hamilton ON (speed limit 60 km/h) when I approached an intersection as the light had turned yellow. A police cruiser was slowing down to stop in the lane to the left of me, and there was another vehicle 2-3 car lengths behind me in the lane to the right. I entered the intersection as the light was still yellow, then noticed it turned red as I was about half-way through the intersection. Travelling at 60 km/h and knowing the limitations of my vehicle I had deemed it unsafe for me to slam on my brakes and try to stop.

The vehicle in the right lane clearly ran the red light. The police officer then shot through the light and pulled over the other vehicle on an adjacent side street, then pulled up beside me after I had passed the entrance to the side street and yelled for me to back up and enter the side street, which I did. There was no discussion of what happened, simply asked for license, registration and ownership, went back to his car for 20 minutes, then returned with a nice $325 ticket for red light fail to stop, I'm assuming both vehicles got the ticket. My girlfriend (who was in the car at the time) and I are both positive that I did not enter the intersection while the light was red, and we're both pretty sure this officer was just trying to meet a ticket quota (he pulled over another vehicle within a minute of me leaving the scene). The ticket simply says HTA under the red light fail to stop, no section number or anything so I'm wondering if that's a potential mistake.

If anyone could offer me advice on how I should fight this ticket it would be much appreciated as I am positive that I did not run the light, but the vehicle in the lane to my right DEFINITELY did. I am planning to go to the courthouse and request a trial as well as disclosure in the next several days.

Thanks again for your help!

Well from reading what you said I say you should fight the ticket. From what you said about how he pulled someone over right after you it's pretty clear the cop was trying to meet a ticket quota. I'm not to sure on how tickets work as I have never gotten one, but I'm assuming they have a time they were issued at, so my thought is that if you can get something showing when he issued all the tickets (I'm not sure how) and you can get a witness (most likely your girlfriend) then I think you would have sufficient evidence to fight the ticket and win the case. I'm assuming this intersection does not have a red light camera? If anything he should of given you a failure to stop for an amber light, but you shouldn't even get that. The best thing to do is go to the court date and explain that it was still amber when you entered the intersection, even though it turned red explain that you did not feel it was safe to stop. Honestly I doubt the cop will even show up because it really appears that he is just trying to meet a ticket quota. If he doesn't show up then the charges would be dropped.

The fact that multiple persons were stopped in short period of time is not evidence of any type of quota system. Speaking from personal experience, there is no shortage of traffic offences that officers regularly witness and they certainly dont need to compromise their integrity by writing bogus tickets.

Much more likely is that the officer truly believes you failed to stop for a red light and charged you accordingly. If youre disputing the ticket, request disclosure and see what the evidence against you is. If the officers notes reflect the fact you entered the intersection on an amber light, then its the incorrect charge and the ticket should be withdrawn. If not, go to trial and present your version of events. Hopefully if the JP finds you truthful and honest, youll be found not guilty.

Edit: The missing section number on the ticket may be a fatal error, but I'm not certain enough to say simply ignore it and take your chances. Might be worth a little research since having the charge stayed would bea lot safer then risking a trial.

Omega_Gin wrote:Honestly I doubt the cop will even show up because it really appears that he is just trying to meet a ticket quota.

Myth. Read this: http://www.simonborys.ca/2010/08/does-a ... for-court/

Simon Borys wrote:

Omega_Gin wrote:Honestly I doubt the cop will even show up because it really appears that he is just trying to meet a ticket quota.

Myth. Read this: http://www.simonborys.ca/2010/08/does-a ... for-court/

Never knew that, but that makes sense.