144(18) - Should I Plead Not Quilty?

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Radar Identified
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Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto


by: Radar Identified on

cricket wrote:Approaching a tcs showing a circular red... , so it must be red before you enter the intersection? The officer has stated (as part of the transcript and as part of his will say statement, that it was not red until I was halfway through the intersection. So he charged me with the wrong thing and this is my defense. Could it be that simple?

Yes! To be convicted of Red Light Fail to Stop, s. 144 (18 ), you must have entered the intersection when the light was red. When it goes to court, make sure that the officer sticks with his statement that the light did not change to red until your car was already in the intersection. If he changes his testimony, that's a bit different, although unlikely given that they seem to have given you a "will say" statement. Just don't let anyone know beforehand that the officer's testimony is the basis for your defence. After he's finished, quote section 144 (18 ) and indicate that you could not have disobeyed the red light, as you were already in the intersection as indicated by the officer's testimony. If they try to go after disobey amber light, simply state that you were not charged with disobey amber light and the Crown has failed to prove its case.

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