Failure to stop - Amber Light

JD173
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Failure to stop - Amber Light

by: JD173 on
Sat May 06, 2017 11:18 pm

I'd like to start off by saying that I only have my G1, and today was my third time driving, first time driving with someone other than the driving instructor, so what are the odds right. Anyways, I was practicing driving with my dad and I got a failure to stop at an amber light ticket. I saw the amber light when I was driving and in my opinion I was too close to stop since the road I was going on has like a 70 speed limit and it was raining, so I didn't want to slam the brakes and skid. Also, I'm a very inexperienced driver, like this was my third time driving and I got booked for something so stupid. The police officer that pulled me over acknowledged the fact that I was only a G1 driver, but still decided to give me the ticket. Should I fight the ticket in court or go through the prosecutor? What should I bring up in my defense since I don't think simply saying that it was raining and I thought I was too close is going to cut it. Will they let me off since I'm so inexperienced? Any feedback is appreciated, thanks!

On another note, there was a pickup truck in the lane next to me who was speeding and went through the amber light as I did. When my dad asked the cop about it, the cop said he was going to go after him but he couldn't since he got away so he pulled me over, what kind of logic is that?


Whenaxis
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by: Whenaxis on
Sat May 06, 2017 11:34 pm

I believe you were charged under section 144(15) of the Highway Traffic Act:
"Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution."

If you go to court and testify:
(1) the speed limit was 70km/h;
(2) it was raining;
(3) you thought it would not be safe to stop; and,
(4) you proceeded through the intersection with caution.
In my opinion, if done correctly, I think you would have a good chance of winning this case in court.


JD173
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by: JD173 on
Sat May 06, 2017 11:44 pm

Whenaxis wrote:I believe you were charged under section 144(15) of the Highway Traffic Act:
"Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution."

If you go to court and testify:
(1) the speed limit was 70km/h;
(2) it was raining;
(3) you thought it would not be safe to stop; and,
(4) you proceeded through the intersection with caution.
In my opinion, if done correctly, I think you would have a good chance of winning this case in court.
Yes it falls under 144(15). The speed limit was also 60km/h after checking Google Streetview, but regardless I was still under the limit. Will the change in speed limit affect my defense? It was still raining and the roads were wet. Sorry if I sound a bit annoying right now, I'm just nervous right now as I don't even have my G2 and I already managed to get a ticket.


jsherk
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by: jsherk on
Sun May 07, 2017 1:04 pm

Just out of curiosity, did the light change to red at all before you got to the intersection?

If your dad was with you, does he also believe that it was not safe for you to stop? If both you and your father testified that you did not believe it was safe to stop, then there is a very very good chance that you will get the ticket dropped.

Regardless, you still have the right to see the case they have against you so you should plead NOT GUILTY and request a trial with the officer present. Once you get your notice of trial, then you can request disclosure (copy of officers notes). Once you get the notes, post them here.
+++ This is not legal advice, only my opinion +++


JD173
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by: JD173 on
Sun May 07, 2017 4:59 pm

jsherk wrote:Just out of curiosity, did the light change to red at all before you got to the intersection?

If your dad was with you, does he also believe that it was not safe for you to stop? If both you and your father testified that you did not believe it was safe to stop, then there is a very very good chance that you will get the ticket dropped.

Regardless, you still have the right to see the case they have against you so you should plead NOT GUILTY and request a trial with the officer present. Once you get your notice of trial, then you can request disclosure (copy of officers notes). Once you get the notes, post them here.
No the light was amber when I got to the intersection and remained that way almost until the end. My dad was with me and he also believes that it wasn't safe to stop. I'm probably going to do what you said, thanks.


jsherk
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by: jsherk on
Sun May 07, 2017 5:28 pm

So what usually happens at court, is if you and the officer both testify, they will (99% of the time) believe the officer over you. But as soon as you have a second witness that can confirm your story, this will usually (99% of the time) sway the decision back to your side.
+++ This is not legal advice, only my opinion +++


Zatota
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by: Zatota on
Sun May 07, 2017 9:36 pm

If you can testify that you were driving under the limit because of the rain (showing that you're driving responsibly under the circumstances), that you knew stopping would be more difficult than on a dry road and that you were too close to the intersection to have stopped even if the road had been dry, especially if your father can provide the same evidence, you should be able to win. If you can't stop safely, you have to proceed. There's nothing to suggest you didn't proceed safely. I assume you didn't "gun it" to get through.

You should also hammer the officer on his actions regarding the truck. The officer will probably testify that he maintained eye contact with your vehicle the whole time, blah, blah, blah. If he was planning to go after that truck, how could he have been maintaining eye contact with your car? If the driver of the truck was driving more quickly than you were, he or she was the one who proceeded unsafely and was not driving according to the weather. Maybe the officer didn't even really notice you. Perhaps when he realized he couldn't get the truck driver, he saw you there and though you'd be a convenient "second choice." Be prepared to go after his testimony. If he was watching both you and the truck, he could easily have blended his thoughts, notes, etc.


viper1
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by: viper1 on
Sun May 07, 2017 10:59 pm

The jp may ask you...(when did the light change to red?)as you pass by it.
You must tell the truth ie...still yellow
I only saw that done .never did it

But they did ask when.
if you say just it changed is not good. (as that mean you were late)

so make sure you and father remember that it still yellow when you passed it. not anything else.
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