OHTA.ca

Hi there,

I had an unfortunate day when a police officer gave me a ticket under section 144.18 (failed to stop at red light).

The roads were wet, temp was almost 0 degree C. I saw the police car but did not observe the light turning to amber in timely manner. When I observed it amber, based on the weather/road conditions I thought of just moving on.

When I entered the intersection the light was amber but it was red before I crossed the intersection completely.

The officer followed me, pulled over and gave this ticket.

Everything on the ticket seem to be correct except the name. I think there are two issues with the name -

1) Officer wrote my last against the space for "first name" and my first name below it. And its not separated by any comma

2) He misspelled my first name and did some overwriting to make it up.

I requested for a trial, but I'm not sure if a fatal error can be enforced because of the two above said errors.

Another thinking I have is w the section should have been 144.15 instead of 144.18.

The officer was trying to be nice with me. He could have given me multiple tickets for - not having complete documents and one more issue he identified, but just gave this one based on my good driving record. He mentioned that he will be disappointed to see me in court.

So, I'm thinking if I can default on the trial day and hope to get it quashed.

georgyporgy wrote:1) Officer wrote my last against the space for "first name" and my first name below it. And its not separated by any comma

2) He misspelled my first name and did some overwriting to make it up.

Those two issues are not fatal errors. The name does not need to be separated by a comma. Some overwriting isn't a fatal error either, at least in this case. If your name was missing, or if he completely wrote down the wrong name, then that would be a fatal error. Defaulting won't result in it being quashed, but it will at least delay the conviction going on to your driver record.

Thanks for the clarification.

And, I do believe that the light was amber when entered the intersection. If that is the case, is it still correct to charge with 144.18 or it should to 144.15 instead? Does it stand in the court of law?

I'm not sure what evidences the officer may bring up against me.

It's the incorrect charge if it can be shown you entered the intersection on an amber light. If the officer testifies to that fact, you should be found not guilty. More likely the officer believes you entered the intersection on a red light. You'll have to dispute at trial the colour of the light when you entered the intersection. Easiest way to get an idea of what the officer's testimony will be is to request disclosure and review his notes.