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?
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?
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
"hang onto your chair when reading my posts
use at your own risk"
I got my first ticket(s) in 15 years, for a rolling stop of the Gardiner West ramp at Yonge, by a whole bunch of cruisers under the bridge pegging off people 1 by 1. I didn't have my wallet, so 1 ticket no licence surrendered, 1 ticket fail to stop.
1)Should I use a professional rep in court? or
2) My natural thought would be to pay the no licence ticket, and reschedule the court date later for…
Yesterday, I made the stupidest mistake of my entire life. I was on the way back to my apartment after studying at school. It was around 8:30 pm. What happened is that I tried to follow the curve of the road, which is very icy because the city truck does not usually pour salt on the road ( there was a snow storm in the early morning that day), I was going 55-60 km/hr. The speed limit was 50km/h.…
When one gets a ticket and at the time of the ticket, the COP had video taped the interaction, can the COP delete the video legally even though it holds evidentuary value should it go to trial ?
The officer observed him driving by from about 20 meters away. Given that the officer allegedly didn't see the seatbelt. Is this evidence ? My point would be that evidence requires you to actually see something, not seeing something is not evidence ?
alright well last night (march 19th) at 12:55 am i had recieved 2 tickets the first was failing to stop at a stop sign (i did a rolling stop) and it was dated the 19th the second ticket that i got at the exact same time was dated the 18th. The second one was because i had a blood alcohol level of 0.0025 instead of zero (i have a g2)
I'm considering buying a strap-on motor for a bicycle for this summer, such as the one at www.motorizedbicycle.ca/bicyâ¦ant-head-bike-motor-kit.html . However, I haven't been able to find any clear answers about what part of the law, if any, they fall under. The kit in question has a motor with a displacement of more than 50 cubic centimeters, which seems to mean it doesn't fall under the HTA's…
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
Bac above zero, g2 driver, 24 hour suspension. Had half a beer and drove 1 hr later. Failed breathalizer. I am in police foundations college course, did i ruin my future career? First offence, otherwise clean.
So here is my situation, I was accused of speeding 127 km/h in a 100 km/h zone.
My ticket says contrary to "Highway Traffict Act #128". Set fine calculated by the officer is $101.25 ( $3.75/km). Plus $30 for court charges and Victim charges to a total of $131.25.
However, according to section 128 i should be paying 27 x $4.5/km = $121.50 + Plus $30 for court charges and Victim charges to a total of…
So I was driving this morning to work at a new location in Toronto. I made a left turn into a street and a police officer was there waiting. He informed me you cannot make left turns between 7-9am. I told him I did not see or notice any sign. I have a clean driving record and never got a ticket before. Nonetheless, he hit me with a disobey sign ticket ( 182.2). I went back to the…
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and I originally had a digital copy of my insurance card but the officer wouldn't have it. He required a…
i recently got pulled over by an opp in and undercover car for going 118 in an 80.
I am planning on fighting it because i cant really afford the $283 ticket or the 4 demerit points because i have already gotten a speeding ticket in the states which got me 3 demerit points.
so here is my story, i was following a van that was going to slow for my liking so i…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
Hi Gang. I'm back, but I'm asking for a friend this time.
A friend received a ticket the other day for driving 87 km/h in a 70 km/h zone. The problem is it's a posted 80 zone (I've verified this fact with him). Is an incorrectly identified speed limit a fatal error? There isn't a police officer in the province who would stop a driver who's only 7 km/h over the limit, so if the officer had realized…
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I have several problems and I'm wondering what my options are. This past weekend I was driving home from Lake Huron and was caught going 112 in an 80km/h zone. I am currently on my Quebec probationary license which is revoked at 4 demerit points. The penalty in Quebec for going +32 km/h over is 3 demerits, but even then it's cutting things close. The Ontario penalty is 4 demerits, will I receive…
I was pulled over for not having the front plate on the bumper, the plate was VERY clearly visible on the dash from the front. The only reason the officer pulled me over because the car is flashy and stands out. I was not speeding or doing anyting wrong. He insisted that it has to be on the bumper, I asked him to show me that in the HTA and he said that he could not as its common sense that it…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I'll tell the story of the accident quickly.. I was coming back from work near the airport around 6pm, when I got near Dufferin and Steeles. I approached a red light and my brakes completely stopped working, I pressed on it and it went all the way down loosely, I tried to go into the island separating the streets but ended up crashing into 3 cars waiting at the light. Nobody was seriously hurt…