I was sitting at an intersection behind a beige pickup truck. Both the truck and I were past the line when the light changed from amber to red. The truck got through on the amber light, I on the other hand proceeded through on a red light. I couldn't just sit in the intersection and get hit by oncoming traffic. A police car, obviously behind me somewhere? turned on his lights after I got through the intersection. I really did not know that his lights were meant for me. I received a ticket for going through a red light. When I told the cop I was stopped because of the truck in front of me, he told me he was not looking at a truck he was ticketing me. I want to plead not guilty and appear in court to fight the ticket. Good idea or bad?
I was sitting at an intersection behind a beige pickup truck. Both the truck and I were past the line when the light changed from amber to red. The truck got through on the amber light, I on the other hand proceeded through on a red light. I couldn't just sit in the intersection and get hit by oncoming traffic.
A police car, obviously behind me somewhere? turned on his lights after I got through the intersection. I really did not know that his lights were meant for me.
I received a ticket for going through a red light. When I told the cop I was stopped because of the truck in front of me, he told me he was not looking at a truck he was ticketing me.
I want to plead not guilty and appear in court to fight the ticket.
If I'm understanding you correctly, you were ticketed for Red Light - Fail to Stop, section 144 ( 18 ) of the Highway Traffic Act, right? If so, you've been charged under the wrong section. You could have been charged with failing to clear the intersection or something else, but red light - fail to stop is only if you enter the intersection after the light is red, not if you are in the intersection as the light turns red. Let us know what you were specifically charged with and we'll try to help.
If I'm understanding you correctly, you were ticketed for Red Light - Fail to Stop, section 144 ( 18 ) of the Highway Traffic Act, right?
If so, you've been charged under the wrong section. You could have been charged with failing to clear the intersection or something else, but red light - fail to stop is only if you enter the intersection after the light is red, not if you are in the intersection as the light turns red.
Let us know what you were specifically charged with and we'll try to help.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
The ticket says Red Light - Fail to stop. But when I entered the intersection the light was still green. The pickup in front of me stopped during the green light. It proceeded to drive once the light had turned amber. I was left sitting in the middle of the intersection on a red light with no way to back up. I had no choice but to continue through on the red light. The officer was not at all interested in the fact that I had no where to go. He said he was only interested in what he saw me doing in my car and was only ticketing me. Thank you for any help you can give me!
The ticket says Red Light - Fail to stop.
But when I entered the intersection the light was still green. The pickup in front of me stopped during the green light. It proceeded to drive once the light had turned amber. I was left sitting in the middle of the intersection on a red light with no way to back up. I had no choice but to continue through on the red light.
The officer was not at all interested in the fact that I had no where to go. He said he was only interested in what he saw me doing in my car and was only ticketing me.
You can beat this ticket. The officer charged you with the wrong offence. To get started, photocopy the ticket, then send in the ticket requesting a trial and check off "officer present." Make your own notes of the incident, maybe even re-visit the scene to help refresh your memory. You will then get a court date in the mail. When that happens, file a disclosure request, which will allow you to get the evidence against you. This website has some guidance: www.ticketcombat.com There is a sample disclosure form on there. However, don't just copy it and use it - it's a generic form. The things you want to ask for in this case are a full copy of the officer's notes, and any photographic or video evidence if it exists. What will likely come back are just a copy of the notes, which is fine. To convict you in this case, the officer will need to testify as follows: - Observed a red signal facing traffic - Noted motor vehicle (yours) ENTER intersection after the red signal - Stopped vehicle without sight lost and identified the driver But that's not what happened. You entered on a green light. That's not red light - fail to stop. Don't tell the Crown or the officer that you've been incorrectly charged, because they have up to 6 months to issue a new charge. If it does go to trial, what you want to do is get the officer to testify that you entered the intersection on a green. Then, you can point to the appropriate parts of section 144 of the HTA (dealing with red light and, specifically, where to stop) and say that the Crown appears to be describing the elements of a different charge. At that point you can say that the testimony of the officer indicates that you did not commit the offence as charged and ask for a dismissal. That's what I would do, anyway. Keep us posted...
You can beat this ticket. The officer charged you with the wrong offence.
To get started, photocopy the ticket, then send in the ticket requesting a trial and check off "officer present." Make your own notes of the incident, maybe even re-visit the scene to help refresh your memory. You will then get a court date in the mail. When that happens, file a disclosure request, which will allow you to get the evidence against you. This website has some guidance:
There is a sample disclosure form on there. However, don't just copy it and use it - it's a generic form. The things you want to ask for in this case are a full copy of the officer's notes, and any photographic or video evidence if it exists. What will likely come back are just a copy of the notes, which is fine.
To convict you in this case, the officer will need to testify as follows:
- Observed a red signal facing traffic
- Noted motor vehicle (yours) ENTER intersection after the red signal
- Stopped vehicle without sight lost and identified the driver
But that's not what happened. You entered on a green light. That's not red light - fail to stop. Don't tell the Crown or the officer that you've been incorrectly charged, because they have up to 6 months to issue a new charge. If it does go to trial, what you want to do is get the officer to testify that you entered the intersection on a green. Then, you can point to the appropriate parts of section 144 of the HTA (dealing with red light and, specifically, where to stop) and say that the Crown appears to be describing the elements of a different charge. At that point you can say that the testimony of the officer indicates that you did not commit the offence as charged and ask for a dismissal.
That's what I would do, anyway. Keep us posted...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
All this is for the "summary" part at end of trial. FYI
Radar Identified wrote:
Then, you can point to the appropriate parts of section 144 of the HTA (dealing with red light and, specifically, where to stop) and say that the Crown appears to be describing the elements of a different charge. At that point you can say that the testimony of the officer indicates that you did not commit the offence as charged and ask for a dismissal.
All this is for the "summary" part at end of trial.
FYI
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
All this is for the "summary" part at end of trial.
Good point.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Totaly agree with everyone above as far as it being the wrong ticket issued. However I thought there was something in the law about turning left that only one vehicle could be in the intersection at a time. So if the truck was in the intersection waiting for it to be clear to turn left the OP shouldn't have been in the intersection at all. Just curious...
Totaly agree with everyone above as far as it being the wrong ticket issued.
However I thought there was something in the law about turning left that only one vehicle could be in the intersection at a time. So if the truck was in the intersection waiting for it to be clear to turn left the OP shouldn't have been in the intersection at all.
Some municipalities may have passed by-laws to that effect, but cities like Toronto, Ottawa, Mississauga, Hamilton, etc., aren't on that list. There's no specific number of vehicles that may enter the intersection for the purpose of turning in the HTA. The only stipulation is that when you enter the intersection, traffic must be moving such that it is reasonable for you to think that you can clear the intersection before the light changes to red, if the municipality has passed a by-law to that effect (section 145 of the HTA).
beleafer81 wrote:
However I thought there was something in the law about turning left that only one vehicle could be in the intersection at a time.
Some municipalities may have passed by-laws to that effect, but cities like Toronto, Ottawa, Mississauga, Hamilton, etc., aren't on that list.
There's no specific number of vehicles that may enter the intersection for the purpose of turning in the HTA. The only stipulation is that when you enter the intersection, traffic must be moving such that it is reasonable for you to think that you can clear the intersection before the light changes to red, if the municipality has passed a by-law to that effect (section 145 of the HTA).
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
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?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
