Red light Fail to stop

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jy123
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Red light Fail to stop

by: jy123 on
Sun Mar 25, 2012 11:58 pm

I approached intersection while light is changed to orange, I hit the breaks in order to avoid crossing the cop who is standing in red light... the car skidded and stopped pass the line ( the car still not ented the intersection)
I removed the seat belt while car is stopped as it pressed against my fresh wound from operation.
the cop crossed the intersection spoke to me and saw me without the belt then decided turn arround to give me 2 tickets... red light and seat belt!
I have no witness only picture of skid mark and picture of the belt against the wound along with note from clinic about operation and same day follow up.
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mnstrcck
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by: mnstrcck on
Mon Mar 26, 2012 3:24 am

The seat belt charge is going to be extremely hard to argue. What "red light" ticket did you get exactly? Can you list the infraction as stated on the ticket?
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jy123
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by: jy123 on
Mon Mar 26, 2012 7:15 am

ticket states "Red light fail to Stop"
as per seat belt... am I allowed to take of seat belt for a minute or so while the car is not in drive (while standing in red light)?
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Stanton
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by: Stanton on
Mon Mar 26, 2012 9:56 am

To the best of my knowledge you’re not allowed to take off your seatbelt at red lights. The Courts have ruled that you’re still driving the vehicle even if momentarily stopped. The case law relating to this is York Municipality v Tassone. If you have a medical reason to not wear your seatbelt, you should get a note from your doctor exempting you.

I don’t really understand your explanation of what happened at the red light. If you crossed the stop line, you committed the offence, even if you didn’t go through the intersection. If you crossed the stop line on an amber light however, then the charge is incorrect, but you'd have to convince the Court of this.
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jy123
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by: jy123 on
Mon Mar 26, 2012 11:23 am

I crossed the stop line on an amber light!
as per seat-belt.... during the hard stop, the seatbelt clipped / pressed hard against the stitches on my chest, I had to remove the seatbelt because of extreme pain as it felt like a knife. the cop didn't care /listen.... hopefully the court will listen (took pictures seatbelt crosses stiches area) I got a scene the cop was looking to issue extra tickets before end of the month....
would you advice I should use professional services to be presented in court ?
Thank you for your help and advice.
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mnstrcck
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by: mnstrcck on
Mon Mar 26, 2012 8:45 pm

Besides when having a proper medically issued note, the only time you are allowed to remove your seatbelt while driving--from what I remember of Driver's Ed--is when reversing [as when parking]. You can try to fight it, but my feeling is that your argument won't be accepted, you could have taken other steps to prevent discomfort prior to driving [covering the area with padding of some sort etc.]

When it comes to fighting the red light ticket charge, it will be your word against the officer's. You'll have to raise doubt as to his/her testimony in cross-examination.

My advice is to Plead Not Guilty [Option 3] and fill out a Notice of Intention to Appear. Request disclosure as soon as you receive your Notice of Trial. Post updates here and we'll try to help you out. There might be a possible 11b motion in the future, a section 7 or 11d motion. There are many avenues still possible.

One last question, did this happen in the City of Toronto?
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