Failure to stop- Amber Light 144(15) Advice needed.

joe77
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Failure to stop- Amber Light 144(15) Advice needed.

Unread post by joe77 on

The supposed offence occured on october 23rd 2011, at 2:20pm. I was travelling on ellesmere approaching hte intersection, I noticed the cop car as I was approaching and checked my speed immediately removing my foot of the gas (instinct when I see a cop). I was doing about 65 km/h in a 60km/h. I left my foot of the gas and started to coast. I was at the x with 5 secs on the pedestrian clock, I am sure I entered the interestion on a green, I was at the circle with 1 second on the pedestrian clock. The officer was on the right lane stopped for the light. As I was going through the light which was now amber I got back on the gas as I was going under 50. The car is a 98 camaro z28, it has a fairly loud exhuast setup.
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When the officer pulled me over he said do you know why I pulled you over?
i said no.
Officer said i have you going through the light.
He said I heard you rev the engine to fly through the light, do you know what amber means?
I informed him that I did not enter on the yellow, and that there was 1 sec on the pedestrian clock while i was entering. I then informed him that the car is loud and that I did not in fact rev the engine, but got back on the gas as I had been coasting.He would not listen to me at all.
He said I had plenty of time to stop.... I would like to know how he saw this as the other lanes were full heading north on markham, and I would have had to stop for a green in order to stop for the light.

The officer then asked me if I knew that the light had a **red light camera**, I said yes I live just up the street.

The officer said i should see him in court and we will work something out.
I believe I was selected because of the vehicle and sound and nothing else. I would not put it pass him to fabricate his notes saying he saw me speeding through the light and that I had plenty of time to stop. I may have gone up to 64 when I got back on the gas as i didnt want to be in the intersection for the redlight as I was now doing under the speedlimit as I had slowed a bit.
Now I plan to see the prosecutor to get this dropped, but I will go to court if I need too.
i know the traffic light cameras are suppose to take two pictures. one when you enter and one when you leave the intersection.
My question is can i request for the photos at that time, proving I did enter the intersection too late too stop safely.

This was a situation where you ask yorself do i go through or stop on the green, I should of stopped on the green.

Any advice on this ticket would be greatly appreciated.


Stanton
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Unread post by Stanton on

Unfortunately red light cameras only take photographs of vehicles entering the intersection on a red light. If you entered on a green (as you allege) or amber (as the officer alleges) there would be no photo evidence.

I would certainly request disclosure to see what evidence the officer has in his notes. If you present your case well, I think there's a very good chance of beating the charge in Court, even if you did enter on an amber.


joe77
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Unread post by joe77 on

I appreciate the response, I think he will fabricate evidence as he kept harping on the sound as if that was his evidence, even though i didnt give any gas until I was already in the intersection and was only returning to speed. He stated that I had plenty of time to slow down which is simply a lie, so I dont know how to present this other then my word against his. Will he not need proof I was speeding to go through the light? Surely I cannot be convicted for merely an increase in sound. Thats completely relevent to the car. There was no car beside or behind me to base an estimation of speed, so unless he had gun on I dont see how he can prove I was speeding through, which I wasnt. I was caosting then gave it a quick shot of gas just to get it to maintain 60 which can sound like a bark.
Would I have any benefit of recording this showing that i could easily have the same sound without speeding or raising my speed significantly? Its an automatic transmission so doesnt grab right away.
Has anyone ever heard of a similar case and the person getting off?
Would it be beneficial to me to show pictures to the prosecutor?
Should I write down what happened?
Would I hve any benefit writing the actual officer? If so how would I go about doing that?
If I was over 30 this would never have happened. if anyone has an idea how I should approach the prosecuter with this I would be greatly appreciated.






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