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Proceed Contrary To Sign Highway Traffic Act S144 (9)

Posted: Fri Jan 16, 2015 9:48 pm
by inv1si0n

Hi everyone,


I recently got a ticket for turning right on a red light on an intersection that had a sign that prohibited right turns on a red light.


I noticed that on the ticket AND on the disclosure notes (which I requested), that the police officer did not write down the make or model of my car, or the license plate. It just has my personal information, such as driver license, name, etc


Can I use that in court?


Thanks in advance!


Re: Proceed Contrary To Sign Highway Traffic Act S144 (9)

Posted: Sat Jan 17, 2015 10:19 am
by Stanton

Possibly. The officer will need to show you were operating a motor vehicle as an element of the offence. While he wouldn't need to know the exact model etc. of your vehicle, a complete lack of info is problematic. Unless it was a memorable stop, I doubt the officer would have much recollection of your vehicle without some notes to refresh his memory.


Re: Proceed Contrary To Sign Highway Traffic Act S144 (9)

Posted: Sun Jan 18, 2015 7:15 pm
by inv1si0n

Thank you Stanton for the response.


In this case, would I just try to question him in detail about the incident during cross examination and hope he doesn't remember the details of my car?


Or is it possible to get the case thrown out due to insufficient details?