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HTA 144(15) Amber light
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PostPosted: Sat Jan 24, 2009 11:53 pm 

Joined: Sat Jan 24, 2009 11:14 pm
Posts: 2
I was issued a ticket (HTA 144(15)) I did not run the red light as they said I did, I was proceeding through the intersection as the light changed to yellow and due to the snow covered intersection and -17c temperature I felt I had no chance to stop safely. I feel the officer was acting unjustly due to the fact I had waved at him for forcing me to yield as the officer went around a parked car which obstructed the officer's lane, not mine. Long story short the charge is unjust, I am a victim of a classic police bullying case by a young brash officer. The ticket however has been incorrectly filled out, my address-clearly printed on all 3 documents I provided, License, Insurance, Ownership-was not written correctly by the officer. I returned to the scene and took photo's of the snow and condition of the intersection. Do I have a case, will the photo's be admissible in court, can I request footage from the police car's onboard camera and can I mention that the officer had turned around after I waved and clearly must have broken the speed limit during the 2km stretch of road (40km/h limit) the officer chased me on to have been able to even see me at said intersection. The money or the points is not so important as I currently have a clean record, I feel victimized and cheated by those who are there to serve and protect, not harass as they did.
All info is greatly appreciated, thanks for your time,

PostPosted: Sun Jan 25, 2009 1:44 am 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
In order to be convicted for fail to stop, the officer has to clearly observe that the light is red and that, after the light turned red, your vehicle proceeded through the intersection. What I'm getting at is, was he in a position to do so? Was the position of your vehicle with respect to where you're required to stop clearly visible to him when the light turned red? Correct me if I'm wrong, but it seemed as though he turned around, followed you, some time while following you he observed you allegedly failing to stop, then pulled you over... is that right?

Some bad news: The incorrect address is not sufficient to quash the PON. It may provide some evidence that the officer was not 100% attentive to detail which may introduce doubt to his testimony, but only a SMALL amount. That still won't be enough to beat the charge, I think. The officer exceeding the speed limit while he was chasing you is not going to help either; they are allowed to exceed the speed limit in the lawful performance of their duties, even if the reason for doing so is not readily apparent.

Some good news: The photos you took will be admissible. That was good work on your part. You need to date-time stamp them, though, if you haven't already. Send a written request to the Prosecutor's office for disclosure of the Crown's case against you. Keep a copy of it and proof that you sent it and it was received (fax transmission, registered mail, courier etc). Disclosure achieves a number of things, mostly importantly seeing the Crown's evidence against you. Improper disclosure is grounds to stop the proceedings against you, if they don't give you the information. Did the officer definitely have a camera in the car? If it definitely did, include that in your disclosure request, also ask for the officer's driving and disciplinary record. Depending on your approach to it and the evidence you gather, it looks like you could have a solid case here. For more information check out this website: www.ticketcombat.com

As for the stuff about the officer harassing you, etc.... I'm sure you know to leave that out of the courtroom proceedings and in dealings with the Prosecutor. They hear it, without exaggeration, dozens of times each day. It's a sure-fire way to lose credibility.

Anyway that's my take on it, fwiw...

outcome of ticket
PostPosted: Fri Jun 12, 2009 2:49 pm 

Joined: Sat Jan 24, 2009 11:14 pm
Posts: 2
hello, i requested a pre-trial meeting for my ticket and at the meeting the prosecutor agreed to reduce the charge to a 'failure to obey lane light' which has no points and a fine of $110 which i pleaded guilty to in front of a Justice and the matter was resolved with 30 days to pay. you cannot get the ticket dropped at this type of meeting however there were many people who received reduced fines and lengthy payment periods. you will have to wait until the end of the day to have your plea entered and plead guilty to the reduced fine so make sure you have time to spend if this is what you are after. most reasonable tickets were able to be reduced significantly on the day i was there. good luck and drive safely, A>

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