Amber light fail to stop contrary HTC 144( 18) Ticket $ 325

pjayraj
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Amber light fail to stop contrary HTC 144( 18) Ticket $ 325

by: pjayraj on
Thu Sep 29, 2011 2:09 pm

Hi I have been given ticket with Contaratry HTA 144( 18) Amber light fail to stop
condition, wet and snowy, Max speed was 60 KM/H
I was running at about 51 to 55 KM/H
officer came to me after like 10 minutes me going straight on that road and gave me the ticket for not being able to sop at amber light
I think there was not enough time to stop
Officer said there was another car who stopped wright beside you but that car was going slower then me so he could stop
I have got a court date on Next year Feb 13th which now does not mentions that ticket is for fail to stop at yellow light
surprisingly it shows offence of not stopping at red light...but I never saw red light even until I crossed the signal it was still yellow
plus the signal is like 3 way road the 3rd side goes in to small plaza, so the light does not always turn yellow most times it stays green after counting 10....so I miss judged that it will not turn in to yellow and by the time I saw it turned in to yellow it was too late to stop..I felt safe in moving ahead more.
please help , what are the chances.


seems like I am now being prosecuted for RED light which is totally incorrect compare to original ticket was for fail to stop at amber light
Thanks
JAY


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by: Stanton on
Thu Sep 29, 2011 4:43 pm

If the charge wording on your ticket says "Amber light - Fail to Stop" but lists section 144(18), it's incorrect. The correct section is 144(15), while section 144(18) is for red lights. It's possibly a fatal error.

The other option is to go to trial and see if the Crown can prove their case and explain how/why you felt you couldn't stop safely.


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by: pjayraj on
Fri Sep 30, 2011 12:38 pm

Here is the picture of the ticket


can I not have the Ticket annulled as its totally incorrect charge?

the court date I have got it mentioned red light fail to stop which is not the case, he was suppose to give me amber light ticket under HTA section 144( 15)?

Please help what I can do here to get least expense.

Thanks a bunch in advance
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by: Stanton on
Fri Sep 30, 2011 3:33 pm

Just noticed the fine amount in your title. While the total fine for red lights is $325, I believe the total fine for amber lights is less, just $180.

Between the incorrect fine and section number, I think you have a ticket that should be quashed. Hopefully someone else can verify this.

Basically you need to ignore the ticket, hope the Justice of the Peace notices the errors, then kills your ticket.


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by: Radar Identified on
Sun Oct 23, 2011 5:54 pm

I agree. The ticket is not complete and regular on its face. You were charged with Amber Light - Fail to Stop, which is HTA 144 (15). Red Light - Fail to Stop is 144 (18 ). The fine amount is incorrect for the charge that was described.
* 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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by: pjayraj on
Mon Oct 24, 2011 1:07 pm

thank you hummmm.. the ticket seems like not complete, but it only has Amber Light -" Fail to Stop, which is HTA 144 (18)" on it does not have section 15, and sorry for the other post I did read the rules before, my mistake.

do you think I still have to hire a ticket fighter for this? or just appear in court and present my point that I am being prosecuted for wrong charge.


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by: Radar Identified on
Mon Oct 24, 2011 10:29 pm

Well there are three ways of dealing with this:

1. Do not show up at all. A conviction may be entered in your absence, but then you could appeal based on the London v. Young case and the numerous cases that follow. This is how the court system expects you to proceed if there is a fatal error on your ticket. If you were charged with Amber Light - Fail to Stop, the correct section is 144 (15) and the correct fine should be $180 (or there abouts), not 144 (18 ) and $325. The charge should be dismissed on appeal. Be forewarned, this requires a LOT of work on your part.
2. Talk to a paralegal or traffic lawyer and see what they say. I'd call around. Some will probably tell you "well it's close enough, so we'll try to plea-bargain," whereas others will cite case law and tell you why they think it can be quashed.
3. File a motion to quash the certificate. Again, requires a lot of work on your part.

I wouldn't go to court and argue "wrong charge." I'd do one of the three above...
* 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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