Heres the setup:
Just finished an 18 hour night shift outside in the cold, I was not amuzed. So I leave to go home. I took 30 minutes to drive 8 km. Now Im just plain irritated. Tired yes, dangerously tired? No. Just irritable. Anyway after getting every light red, and stuck behind idiots who should not be driving I arrive at the second last intersection from home. It's now a 45 second drive home. This is Christmas eve by the way. I cross the intersection and to my surprise the Police are holding back traffic so people can get in and out of a little strip mall. Theres another 3 minutes of sitting there, 45 seconds from home. So now im pushing 40 minutes to drive a total of 11 km. This would be the equivalent of taking 3 hours to drive an hour away. We finaly start moving, and to my dismay, the light at the next intersection goes red, for no reason at all. It's a little side street intersecting a major road. Well that was the last straw. I drove down the right turn lane, stoped at the light, made a right turn on the red, then made a shallow U-turn, and made a right on the green light now facing me. This is not running a red light. This was carried out slowly, and safely. Ever since I started riding a bike, I drive my car using the same level of cuation. It took The officer a Km to pull me over as he was not behind me, this I know because I kept looking back to see how long that light was still red. It wasint untill I got on to my street that I saw the police car. So he gets out of the car all pissed off and hands me a ticket for running the red?
I can see how he was ticked off that I didint wait like everyone else, well so be it. I still did not run that light.
So basically you went around the red lights and didn't wait for the lights to change?
What is the section of the OHTA that is stated on the ticket?
Red lightjetmech727 wrote:Section 144, subsection 18
(18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18).
This may be of interest:
Exception ÃƒÂ¢Ã‚â‚¬Ã‚â€œ turn
(19) Despite subsection (18) and subject to subsection (14), a driver, after stopping his or her vehicle and yielding the right of way to traffic lawfully approaching so closely that to proceed would constitute an immediate hazard, may,
(a) turn to the right; or
(b) turn to the left from a one-way street into a one-way street,
without a green indication being shown. R.S.O. 1990, c. H.8, s. 144 (19).
1) Did I stop at the red light?
2) Did I then legally turn right in accordance with 144.(19)?
I think this charge can be beaten. I hope you don't cave to the Crown's pressure to plea-bargain. I'd really like to know how you make out with this. Even if the officer testifies that the u-turn was illegal, he didn't charge you for that and he only has 30 days to issue a new ticket from the date of offense. Your trial should be well later that that.
I just did a search in the HTA for a minimum distance a u-turn can be made from an intersection, but I couldn't find anything (only 150m to railways, curves, etc).
In MY scenario, I drive about 100ft. before making my u-turn.
http://www.myhamilton.ca/NR/rdonlyres/8 ... ure_V2.pdf
If you have more questions feel free to contact me anytime.