I was coming home this morning (just an hour ago) after dropping my mom off at work and was nearing an intersection. As there was no traffic near me, I slowed down and made a right turn since the light was yellow. The police cruiser stopped at the red light came right after me and pulled me over. The reason? I "blatantly blew a red light". I'm still trying to come to terms with this. I'm just a college student with a perfect driving record. I drive safe and my car is maintained properly and in fine shape. I did absolutely nothing wrong but knew that I couldn't argue anything with the officer. She was pretty adamant about giving me the ticket and claimed she had given out enough cautions about it. Ok, great, so why didn't I get a caution for a first time "offense"? Her words were that I will get demerit points and my insurance will "jack up". Excellent. So now I'm sitting here with a $325 ticket for breaking Highway Traffic Act 144(18) Red light (18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18). The ticket officially states "Red light - fail to stop" This is a complete LIE! I didn't argue it with her but I was clearly shocked that I was receiving the ticket in the first place. I know better than to provide a police officer desperate to meet her quota with an actual reason for trouble. My question to you folks here is how good are my chances of overturning this charge since it's a complete and utter lie? I always get off QEW at Cawthra, turn south, and then turn right into South Service Rd. It's always a right turn for me at that particular intersection as it's the shortest route to my home. This means that I NEVER pass straight through the intersection. So how can I possibly run a red light? I definitely plan to fight this, as a student I can't even afford this ridiculous charge and the fact that my insurance will skyrocket. I refuse to be a victim of a dishonest officer. The way she was presenting the case was that I was driving recklessly and should've stopped before turning. The fact of the matter is that the light was yellow when I began turning and I obviously slowed down. If I had taken such a tight turn at 50km/h (posted limit on Cawthra) I would've obviously lost control and crashed into the median on South Service. At the very least my tires would've squealed. I still had my hockey gear in the car, my goalie pads and anything else would've tumbled towards the left side. Her point of view is completely illogical. Any help or comments would be greatly appreciated. PS. My insurance and driving record won't be affected unless I plead guilty, right? Is this something I will need an attorney for or will the judge understand my point?
Topic
Ticketed for right turn at yellow light [resolved]
It's not something I do often, but I consider myself a good actor so I can appear confident regardless :lol: Question: would I be allowed to have my statement printed and in my hands? I obviously wouldn't be reading from it line-by-line, but I would like to have it for reference in case I miss something. Also, any idea what kind of cross-examination I'm going to be facing?
It's not something I do often, but I consider myself a good actor so I can appear confident regardless
Question: would I be allowed to have my statement printed and in my hands? I obviously wouldn't be reading from it line-by-line, but I would like to have it for reference in case I miss something.
Also, any idea what kind of cross-examination I'm going to be facing?
Heh, I completely misunderstood your post. I would do better with point form anyways since I just need to remember the talking point; the rest is all in my head. Only a day away...getting nervous. I've scanned the officer's notes so you could take a look. Maybe you folks might pick up on something I missed. The second page is where she added a line on the side. Other than the typo on my car's make on the second page, I spotted no errors.
Heh, I completely misunderstood your post. I would do better with point form anyways since I just need to remember the talking point; the rest is all in my head.
Only a day away...getting nervous.
I've scanned the officer's notes so you could take a look. Maybe you folks might pick up on something I missed. The second page is where she added a line on the side.
Other than the typo on my car's make on the second page, I spotted no errors.
"In all likelihood the officer first observed my vehicle pass the white mark, then observed the red light (which had cycled from amber) and decided I must have entered the intersection while it was red." How strong is the opening to that statement? Is it wise to use "in all likelihood" or "the likely scenario"? I'm guessing I should absolutely refrain from using such words as "I believe" or "I think". Any other words to keep in mind?
"In all likelihood the officer first observed my vehicle pass the white mark, then observed the red light (which had cycled from amber) and decided I must have entered the intersection while it was red."
How strong is the opening to that statement? Is it wise to use "in all likelihood" or "the likely scenario"?
I'm guessing I should absolutely refrain from using such words as "I believe" or "I think". Any other words to keep in mind?
If you concede you went thru the amber (which is still the same fine and points), why not go see the prosecutor early on and discuss disobey lane light...$110, no points?
If you concede you went thru the amber (which is still the same fine and points), why not go see the prosecutor early on and discuss disobey lane light...$110, no points?
Cross examination: They might try to hammer you into a "the officer is lying" trap. Don't fall for it. If they flat-out ask you "so you are saying Constable X is lying?" then pull the usual trick that's used in interviews (why are you better than the other candidate): "I can't speak for the officer. I only know my version of events and what I observed and reacted to." They might ask you how long the light was amber for, how far were you from the intersection when it turned amber, what other traffic was around the intersection, etc. Note that it all has to add up to be credible: Distance from intersection, speed on approach to the intersection, length of the amber light, turn without toppling your hockey gear, etc.
Cross examination: They might try to hammer you into a "the officer is lying" trap. Don't fall for it. If they flat-out ask you "so you are saying Constable X is lying?" then pull the usual trick that's used in interviews (why are you better than the other candidate): "I can't speak for the officer. I only know my version of events and what I observed and reacted to."
They might ask you how long the light was amber for, how far were you from the intersection when it turned amber, what other traffic was around the intersection, etc.
Note that it all has to add up to be credible: Distance from intersection, speed on approach to the intersection, length of the amber light, turn without toppling your hockey gear, etc.
* 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
Thanks Radar, that is good information. How is going through a yellow light the same as going through red? Are you saying that even if I "win" my case, I'll still be charged the same fine and points? I'm not understanding this and it's the first I've heard of it.
Thanks Radar, that is good information.
FyreStorm wrote:
If you concede you went thru the amber (which is still the same fine and points), why not go see the prosecutor early on and discuss disobey lane light...$110, no points?
How is going through a yellow light the same as going through red? Are you saying that even if I "win" my case, I'll still be charged the same fine and points? I'm not understanding this and it's the first I've heard of it.
People think an amber means go ahead if you can and it by definition means you must stop. So by saying you've gone thru an amber, you've broken the law provided you could have stopped. Now it's harder to prove cause it relies on a lot more factor, but the fine for amber lights is the same. HOWEVER, you weren't charged with that, but while the officer is arguing you went thru a red...you could preempt the whole thing by trying to get the prosecutor to offer you a DISOBEY LANE LIGHT...no points... I'd rather try for a lower fine / pts than roll the dice of a major conviction like a red light....
People think an amber means go ahead if you can and it by definition means you must stop.
So by saying you've gone thru an amber, you've broken the law provided you could have stopped. Now it's harder to prove cause it relies on a lot more factor, but the fine for amber lights is the same.
HOWEVER, you weren't charged with that, but while the officer is arguing you went thru a red...you could preempt the whole thing by trying to get the prosecutor to offer you a DISOBEY LANE LIGHT...no points...
I'd rather try for a lower fine / pts than roll the dice of a major conviction like a red light....
Yes, I realize amber means stop. I never accelerate when faced with an amber light. What do you think, Radar? Would I be at an advantage if I go with FyreStorm's idea? Basically, you want me to just go to the court, ask the clerk to speak with a prosecutor, and tell him to charge me with something I'm not guilty of, keeping in mind the charge is going to have the same effect on my insurance and driving record? I don't understand this. I'm going to court tomorrow to fight for my case. I did not run a red light, it was amber. Considering the conditions and the distance from the intersection, I could not have stopped on time. Instead, I checked the intersection for traffic and passed through cautiously.
Yes, I realize amber means stop. I never accelerate when faced with an amber light.
What do you think, Radar? Would I be at an advantage if I go with FyreStorm's idea?
Basically, you want me to just go to the court, ask the clerk to speak with a prosecutor, and tell him to charge me with something I'm not guilty of, keeping in mind the charge is going to have the same effect on my insurance and driving record?
I don't understand this. I'm going to court tomorrow to fight for my case. I did not run a red light, it was amber. Considering the conditions and the distance from the intersection, I could not have stopped on time. Instead, I checked the intersection for traffic and passed through cautiously.
If you're adamant you didn't break the law, never plead guilty...period, that's not what the system was created for... If you think maybe you did, then work for the lesser offence, and disobey lane light applies, it's a light that control lane traffic, just a loose interpretation...
If you're adamant you didn't break the law, never plead guilty...period, that's not what the system was created for...
If you think maybe you did, then work for the lesser offence, and disobey lane light applies, it's a light that control lane traffic, just a loose interpretation...
Pleading to disobey lane light would give you no demerit points, smaller fine, and probably a minor (but not big) insurance increase for 3 years - depending on your provider. Some may forgive the one ticket. Better than a conviction for Red Light - Fail to Stop. However... Go to the trial. If the officer fails to show, the Prosecutor should withdraw the charge, and most of them will. If they try to adjourn it, make sure that the JP makes it pre-emptory on the Crown. If the officer does show up (odds are she will), see how you feel. Use your best judgment. Plea-bargaining takes a lot of the stress away and it is a guaranteed result. If you believe that you will be successful in a trial, reject their offer and go for it. Thing is, you were not charged with disobeying an amber light. Disobeying an amber light is not included in the offence of "red light - fail to stop." They cannot convict you of a different offence once the trial starts in a case like this. So if the Crown or the officer says "well actually it was amber," then you have won - stand up and say "motion of non-suit." The case hinges solely on whether or not you entered the intersection on a red. If you can introduce doubt, even show that you entered on an amber, and specifically hammer the officer on the point of "are you sure you didn't look at the vehicle, then look up and see that the light was red after the vehicle was across the line" then you have a decent chance. You, as a defendant in this case, are allowed to ask leading questions like that. If the officer falters and you are adamant and steadfast, the "credibility" issue should go in your favour. Remember to bring a copy of R. v. Sandhu to court with you. It is not binding, but it is relevant. Good luck tomorrow. You're the one who is in the best position to judge if you think you can win or not, and what course of action to take. If you start to feel doubtful, a plea-bargain is never a bad idea. One final tip: Show up early. Keep us posted on the result, too.
Mazda wrote:
What do you think, Radar? Would I be at an advantage if I go with FyreStorm's idea?
Pleading to disobey lane light would give you no demerit points, smaller fine, and probably a minor (but not big) insurance increase for 3 years - depending on your provider. Some may forgive the one ticket. Better than a conviction for Red Light - Fail to Stop.
However...
Go to the trial. If the officer fails to show, the Prosecutor should withdraw the charge, and most of them will. If they try to adjourn it, make sure that the JP makes it pre-emptory on the Crown. If the officer does show up (odds are she will), see how you feel. Use your best judgment. Plea-bargaining takes a lot of the stress away and it is a guaranteed result. If you believe that you will be successful in a trial, reject their offer and go for it.
Thing is, you were not charged with disobeying an amber light. Disobeying an amber light is not included in the offence of "red light - fail to stop." They cannot convict you of a different offence once the trial starts in a case like this. So if the Crown or the officer says "well actually it was amber," then you have won - stand up and say "motion of non-suit." The case hinges solely on whether or not you entered the intersection on a red. If you can introduce doubt, even show that you entered on an amber, and specifically hammer the officer on the point of "are you sure you didn't look at the vehicle, then look up and see that the light was red after the vehicle was across the line" then you have a decent chance. You, as a defendant in this case, are allowed to ask leading questions like that. If the officer falters and you are adamant and steadfast, the "credibility" issue should go in your favour. Remember to bring a copy of R. v. Sandhu to court with you. It is not binding, but it is relevant.
Good luck tomorrow. You're the one who is in the best position to judge if you think you can win or not, and what course of action to take. If you start to feel doubtful, a plea-bargain is never a bad idea. One final tip: Show up early. Keep us posted on the result, too.
* 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
How do I go about pleading to the disobey lane light? Where do I go? What do I need to say? If my trial is set for 1:30pm, I expect my name to be called around 2pm-2:30pm. Let's say I arrive around 1pm. If the officer plans to show up, she should already be in the courtroom at this time, right? Is it safe to go in, check, then go back out and plead to disobey lane light?
How do I go about pleading to the disobey lane light? Where do I go? What do I need to say?
If my trial is set for 1:30pm, I expect my name to be called around 2pm-2:30pm. Let's say I arrive around 1pm. If the officer plans to show up, she should already be in the courtroom at this time, right? Is it safe to go in, check, then go back out and plead to disobey lane light?
I just went out at the break of dawn and recorded several cycles of the lights with my video camera and came to this: (This is for the lights facing me the day I got the ticket) Green - 40 seconds average Green, Pedestrian flashing - 17 seconds each time Yellow - 4 seconds average All red - 3 seconds average Now what would be the best way to incorporate this into my defense? I really need help on this, hopefully one of you can reply right away. Getting close to judgment hour now.
I just went out at the break of dawn and recorded several cycles of the lights with my video camera and came to this:
(This is for the lights facing me the day I got the ticket)
Green - 40 seconds average
Green, Pedestrian flashing - 17 seconds each time
Yellow - 4 seconds average
All red - 3 seconds average
Now what would be the best way to incorporate this into my defense? I really need help on this, hopefully one of you can reply right away. Getting close to judgment hour now.
I guess I logged on a little too late to provide any help (1:13 PM now, start of trial 1:30)... Even if you admit you entered on an amber light, that is not Red Light - Fail to Stop. Whether you could've stopped for the amber or not isn't the issue here, it's whether or not you crossed the line against a red. Plea-bargaining: Check in with the Prosecutor, mention your name and the case, and they'll usually discuss the options with you. So how did it go?
I guess I logged on a little too late to provide any help (1:13 PM now, start of trial 1:30)...
Even if you admit you entered on an amber light, that is not Red Light - Fail to Stop. Whether you could've stopped for the amber or not isn't the issue here, it's whether or not you crossed the line against a red.
Plea-bargaining: Check in with the Prosecutor, mention your name and the case, and they'll usually discuss the options with you.
So how did it go?
* 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
As smooth as a slimy fish. Officer didn't show up and the charge was dropped. Wore my best tux and the lawyers and judge thought I was an attorney, hah. Afterwards my girlfriend accidentally closed my door with the keys still in the car, so I had to spend $35 for a tow truck to open it LOL Today was a great day. Thank you all for your help, especially Radar for holding my hand throughout this grueling couple of months.
As smooth as a slimy fish. Officer didn't show up and the charge was dropped. Wore my best tux and the lawyers and judge thought I was an attorney, hah.
Afterwards my girlfriend accidentally closed my door with the keys still in the car, so I had to spend $35 for a tow truck to open it LOL
Today was a great day. Thank you all for your help, especially Radar for holding my hand throughout this grueling couple of months.
Congratulations! :D You definitely did all of the homework you needed to, and were well-prepared. Turns out you didn't need to be, but it's a win nonetheless. Nice job. Too bad with the tow truck callout, but better than $325+ in fines, 3 demerit points and a 3-year insurance increase!
Congratulations!
You definitely did all of the homework you needed to, and were well-prepared. Turns out you didn't need to be, but it's a win nonetheless. Nice job.
Too bad with the tow truck callout, but better than $325+ in fines, 3 demerit points and a 3-year insurance increase!
* 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
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