OHTA.ca

In last Saturday (March 13 of 2009), I got a ticket for: Red light-fail to stop (Highway Traffic Act section 144(18 ) ) and fines of $325. I was going west driving straight towards an traffic light. There were two cars in ahead. I was closely following the front car when the light turned yellow. I think I can pass and it was raining so I did not stop. I past the first white line and the light turned red when I was approaching to the second white line. I did not notice that there is a police in the left lane of the Avenue. He pulled me over after following me for 50 meters.

During the yellow light, my front car press the brake twice, so I have to reduce my speed for safety. Or I have successfully past the intersection when the light turned red.

I want to get some advice for my defense in the court. I sincerely thank everyone in advance, I really appreciate your suggestion and time.

(1) I was in the middle of the intersection, so I can not stop there. How was the Act described for this situation? I think my situation is different with proceeding after seeing the red light.

(2) The front car pressed the brake twice and it affected me in passing the intersection with normal speed. The reasons are due to: first, the driver maybe noticed the cop, and second, there are three or four people are trying to go across the Avenue, but it was not the right place for crossing the street (No white cross-walk line for pedestrian). Can I refer to that reason for not timely passing the intersection?

(3) How can I request to waive my demerit points (3 points)? This is my first time to get the Red light ticket.

Red Light Fail to Stop applies only if you have entered the intersection when the light was displaying RED. If you have entered on an amber it is a wrong charge. Furthermore, if you entered on amber you may advance a defence and take your chances at trial.

This situation coupled with the bad weather may just work.

If you decide not to pursue a trial there may be possibility of resolving your ticket to another offence effectively reducing or eliminating your demerit points and/or fine.

Good luck!

The comments are very helpful. I appreciate it. I am waiting for the notice of court. However, I hope that I can make a successful defense in this situation.

BTW, is there anyone who has the same experience?

kevin2009 wrote:I was closely following the front car when the light turned yellow. I think I can pass and it was raining so I did not stop.

So the conditions where making it difficult to stop, yet you where closely following the car in front of you?

Sound like your lucky you didn't also get a careless or following too closely charge. Becareful with what you say in court.

kevin2009 wrote:(3) How can I request to waive my demerit points (3 points)? This is my first time to get the Red light ticket.

Demerit points are run by the MTO, nobody can waive or reduce them. The only thing you can do to change the number to receive is to beat the ticket or plead guilty to a charge with few points assigned to it.

Thx.

What's your driving record like?

It's clean.

If the front car tried to stop, you should have been able too.

Seems like you are in a pickle.

Clean record = go to court and ask prosecutor for a DISOBEY LANE LIGHT.