i want to go to trial and face the justice. what are my chances of winning. i have clean record since December 2002.
Yes you can fight your ticket and yes you can win.
You were traveling at or below the speed limit which you thought was appropriate for the conditions. The light turned amber, you started to break but realized you wouldn't stop in time so you proceeded with caution. You were not speeding, you were not driving recklessly. You did what any prudent driver would do in that situation.
But if you get on the stand and say any of what you wrote above, you will be found guilty.
TC offered a good defence for you. Just to be clear... you did say you entered the intersection on an amber, right? Entering the intersection on a red is not permissible, but on an amber light, in the circumstances TC described, is allowable and justifiable. Would you say that applies to your particular case?
One caveat: Sometimes for this particular offence, the Crown Prosecutor will offer the "sweet deal" of giving you "fail to stop for an amber," which is the same number of demerit points, and fine, as failing to stop for a red. Yeah.
Also... friend of mine who had 10 years of policing experience (Ottawa Police) once told me this: "If I stop someone, I usually give them a warning unless it's something really serious. If they correct me or tell me I'm wrong, what would've been a warning turns into a ticket. If they try to make me feel stupid or start getting abusive, I'm going to dig and find everything I can ticket them for."
- At trial (after Crown finishes questioning officer and it's your turn to question him) ask, "Officer, what was the precise condition of the road surface I was presented with immediately before the intersection?"
You know he can't answer that because he was never on that exact portion of road. If he tries to claim that it was probably the same as the road HE was on, NAIL 'IM! "You don't know the conditions I was faced with do you?"
Then STOP! Don't get all technical.
I wouldn't take the stand in your own defense if I were you. I have a feeling a good prosecutor will get you to boast about how much more you know about speed limits than law enforcement ( the officer and the Crown will have talked), then you're doomed. I would say very little. In closing (closing statement), "I approached the light. When I braked, the antilocks activated and I new the road had an icy spot and I felt strongly that stopping in time would be impossible. Due to the abnormal road conditions, I felt it was prudent to continue through on the yellow light."
I would not comment on your speed at all. If you don't take the stand, the Crown can't ask you about it. Focus on the road conditions that YOU were faced with at that EXACT place. ONLY YOU COULD KNOW ABOUT IT.
Just my opinion though. Feel free to work out your own defense.
OH! And Toronto has the right answer to controlled intersections... A "count-down" on the pedestrian part of the signal. Then you can better gauge just how MUCH you need to speed up to make it!!! (Juuuuust kiddin'!!.. <TV cured me!!
Question for Bookm member, do you do paralegal work or no? if yes, please leave me your number so i can call and talk about details. thanks.
And, what can i do if they find me guilty, can i reject their decision, and go to another trial and then choose someone to defend me?!
"The hardest thing to explain is the obvious"
www.OHTA.ca & www.OntarioHighwayTrafficAct.com
No, I get tickets.... er' um... USED TO get ticketsdugi wrote:Question for Bookm member, do you do paralegal work?...
I usually recommend defending yourself if there is no risk of an insurance increase. My company allows one minor ticket without consequence, so if my record is clear, I fight it myself. It's good to learn the process. Even a loss will better educate you for next time!
A paralegal will be MUCH more effective, but they'll cost over $400. Money well spent to keep a clean record.