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Ontario Highway Traffic Act

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Failure to Stop at Red Light
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PostPosted: Fri Feb 05, 2016 9:10 pm 
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Joined: Fri Feb 05, 2016 8:12 pm
Posts: 1
I was driving on Shappard from East, after an intersection, a police car was there behind my car after I parked car for some reasons. A police officer came and talked me that I was driving on yellow light in the last intersection and I supposed to stop. I said, yes I remember I drove on yellow light, I didn't think to stop, If I stopped it might not be safe and possibly a sudden brake. Then he asked me to stay in the car and got my licence and insurance. My driving history is very clear, nor tickets or accidents at-fault on my record yet. I couldn't understand the reason for this stop and also I was very confident as I didn't do anything wrong. It was surprised me that the police officer returned backed to me with a ticket and advised me the paying options for the fine of $325.00. It shook me, the ticket says RED LIGHT-FAIL TO STOP under the act 144(18). I told the officer 'it is unfair as I didn't drive on red light'. He said yes you drove on yellow light but supposed to stop. Then he advised me to come to the court. I have filed the case at the traffic court and the hearing will be in September. How can accept this offence charges for a crime that I did not commit? I am going to ask the judge, how can a police officer offer the ticket like this for a driver who didn't drive on red light. If anyone has a advise or suggestions, pl welcome.


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Re: Failure to Stop at Red Light
PostPosted: Fri Feb 05, 2016 10:30 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1470
You have already gotten your Notice of Trial? You should now send a letter and ask for Disclosure (officers notes).

At the trial, you must ask the officer all those questions while the officer is still on the stand. This is called cross-examination.

The officer will take the stand and then the prosecutor will ask for the officers side of the story, which officer will give. Then the JP will ask you if you want to cross-examine the officer. You should say yes and then proceed to get try and get the officer to admit that he saw you go thru a yellow light and not a red light. The charge is RED LIGHT so if you can get the officer to admit that it was not a red light, then you will win.

Once you are done asking the officer questions, the officer will step down and the JP will ask you if you want to call any witnesses. You should say yes, yourself. You can then get on the witness stand and tell your side of the story.

Read these:
topic7039.html
topic7041.html

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+++ This is not legal advice, only my opinion +++


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Re: Failure to Stop at Red Light
PostPosted: Sat Feb 06, 2016 2:21 pm 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 656
Oak we've got two different posters about 2 different offenses here. Makes it confusing !

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Failure to Stop at Red Light
PostPosted: Sat Feb 06, 2016 8:34 pm 
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Joined: Mon Mar 14, 2011 11:31 am
Posts: 600
Topic split for new post.


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