OHTA.ca

Hi there,

I made a right turn on a 3-way intersection (a "T" shape intersection), where I was turning right from top left of the T, meaning there is no road to look into on my left side while turning right, and also the lane was a dedicated lane just for turning right. I didn't come to a complete stop as I didn't think it is necessary because of the above but a cop gave me ticket for $345 for "passing the red right". I am planning to fight the ticket but wanted to get other's ideas about what is the best way to fight it and what are my chances of the charge being dropped.

Thanks in advance.

I'm not sure what you've actually been charged with. Please confirm the actual charge wording, section and fine. The charge wording and fine you've posted don't sound right.

If youve been charged with red light fail to stop, the fact that it was a dedicated turn lane is irrelevant. Red light offences are absolute liability offences, meaning there is no real justification short of your life being in danger. Youll want to request disclosure and see what the evidence against you is. The only real defence in Court is to try and raise reasonable doubt that you even committed the offence.

If you dont think you can show reasonable doubt, you may want to try and work out a plea deal to a less serious offence and/or lower fine.

Stanton wrote:I'm not sure what you've actually been charged with. Please confirm the actual charge wording, section and fine. The charge wording and fine you've posted don't sound right.

If youve been charged with red light fail to stop, the fact that it was a dedicated turn lane is irrelevant. Red light offences are absolute liability offences, meaning there is no real justification short of your life being in danger. Youll want to request disclosure and see what the evidence against you is. The only real defence in Court is to try and raise reasonable doubt that you even committed the offence.

If you dont think you can show reasonable doubt, you may want to try and work out a plea deal to a less serious offence and/or lower fine.

Hi Stanton, sorry for not being clear. The exact wording is "Red light - Fail to stop". The Section is: 144(18)

As I mentioned, I was turning right. I don't know why I was charged with failing to stop on red light. When you mentioned ask for disclosure, how do I do that? I already pleaded not guilty and have a court date. Now, how do I request the evidence?

ali wrote:Hi Stanton, sorry for not being clear. The exact wording is "Red light - Fail to stop". The Section is: 144(18)

As I mentioned, I was turning right. I don't know why I was charged with failing to stop on red light. When you mentioned ask for disclosure, how do I do that? I already pleaded not guilty and have a court date. Now, how do I request the evidence?

It is the proper charge since you're required to stop even if turning. As for disclosure, the process for requesting it varies from one jurisdiction to the next. Contact the courthouse if you're unsure.

FYI, if the fine on your ticket is actually $345, it's incorrect and could be withdrawn. The proper fine for red light offences is $260 fine, $325 total.

Stanton wrote:

It is the proper charge since you're required to stop even if turning. As for disclosure, the process for requesting it varies from one jurisdiction to the next. Contact the courthouse if you're unsure.

FYI, if the fine on your ticket is actually $345, it's incorrect and could be withdrawn. The proper fine for red light offences is $260 fine, $325 total.

Thanks for the info. Sorry for the typo, the total charge is indeed $325.