OHTA.ca

Hello,

I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.

Is this a possible defense, if so, does anyone know any good case law to justify this position?

Thank you

J

The only thing you have proof of is there was an ambulance in front of you with flashing lights. You are obligated to pull to the right and let other emergency vehicles pass not blow through a red light (even if you are trying to be noble). My magic 8 ball says the prosecutor will offer you a substantially reduced fine for pleading guilty and when you plead guilty you can tell the JP that you were trying to allow other emergency vehicles pass but you now know that it is the wrong thing to do and that it was unsafe you should have stopped and made everyone wait.

You are charged with an absolute liability offence---meaning, there is no 'due diligence' defense. The only excuse would be to claim a 'necessity'---however, unfortunately, you likely won't meet the test set out in Perka vs. The Queen. Some of the parts of the test I think you'll be challenged with are that the act must be done to 'avoid immediate peril' and 'no other reasonable alternative existed'.

So, unfortunately, while your intentions may have been noble, the law really isn't on your side. There is no defense of due diligence and you won't be excused for necessity.

As previously mentioned, more than likely, the fine will be substantially lowered. You COULD try to go to trial, but the hands of the court will be tied. Besides, as previously stated, the picture only shows an ambulance AHEAD of you; not behind you. You likely have no proof to establish that other emergency vehicles were behind you, which would almost certainly be needed for the JP to hold that it was a 'necessity'.

Thanks for the responses. I will use the Perka V The Queen case as a base for my argument.

Thanks again.

J

If OP decides to fight the ticket, can the conviction go to the MTO records?

Considering this is red light camera ticket that was sent to owner of vehicle with no insurance implications.

Keep in mind that the law requires even emergency vehicles to stop before going through on a red. Since the cameras are only designed to trip when you enter the intersection above a set speed (typically 25-30 km/hr) it shouldnt have gone off if you proceeded into the intersection from a stop. If you didnt even meet the requirement set out for emergency vehicles, I think your chances or arguing necessity are slim. The risk of proceeding into the intersection without due care outweighs a temporary delay.

What speed did the red light camera say you were going?

65 km/h the speed limit was 60km/h

That's going to be difficult to argue you were simply trying to safely move out of the way at that speed.

Thank you for all of your suggestions. I settled for a plea. Significantly reduced