Right Turn on Amber > Fail to Stop @ Red & Disobey Sign

mirrored
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Right Turn on Amber > Fail to Stop @ Red & Disobey Sign

by: mirrored on
Sun Feb 24, 2013 5:42 pm

Hi everyone! I was hoping for a little advice as to how to proceed. I've never gotten a traffic ticket before, and on my first offense I received two. The first was Failed to Stop at a Red Light [Section 114(18)] and the 2nd was that I disobeyed a sign [Section 182(2)].

I was getting off the 403 Westbound @ Upper Middle in the Halton region on Jan 15th. The ramp splits into three lanes; one left, two rights. It is a T-intersection, with a sign that says no right turn on red next to the light. (Google Streetview of the intersection.)

It was late at night and it was a darker section of road. The sky was slightly overcast, but the weather was clear and everything distinct. I was in the middle lane, ready to take the outer right turn, but I was following a minivan that was filled with large objects in the back, it was going much slower than I was. The green was an old one. I made a lane change to the rightmost lane when it changed to an amber. I was still going pretty fast and I made the turn, it changed to red after I was in the intersection.

The officer made the turn after me and pulled me over. He told me that I'd gone through a red light, and thus disobeyed the sign. The total amount fined for was just under $450.

This happened a month ago. Two days after it happened, I went to the courthouse to fill in the forms stating my intention to go to court. I haven't heard anything back yet, but I wanted to know if there was anything I could do in the meantime. I have the impression that I can only request disclosure after I receive a trial date in the mail; is this true? Furthermore, I wondered if anyone else on here had similar experiences or ideas how I should build my defense. I checked immediately after I got home, but there are no traffic cameras on that particular intersection. How do you think I can take this away from a he-said-she-said situation in court?

Thanks!


ynotp
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by: ynotp on
Sun Feb 24, 2013 7:36 pm

4 possibilities

1) you insist that you were within the speed limit driving safely and the light turned amber as you were about to enter the intersection so you proceeded with caution through the intersection because you know from your years of driving you could not stop. You have to be credible. The officer must be more credible than you for the JP to convict you. When you get a trial date file for disclosure and see what is in the notes and see what is written the less the better.
2) it takes a long time to go to trial and get an 11b stay
3) the officer doesn't show
4) you are offered and accept a deal

Either way going to court will cost you time and money so you might as well have a little fun with it.


mirrored
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by: mirrored on
Tue Aug 13, 2013 6:13 pm

What a headache! Since the time I wrote the first post, a number of things happened.

I never received Notice of Trial, and the court convicted me in absentia in May. I went to the courthouse two days later to ask that they re-open the case and sign an affidavit. I received a notice of re-opening the case and a new trial date (Aug 14) so I requested full disclosure and was sent a photocopy of the officer's notes.

I then received a notice from the prosecutor at around the end of July stating that they were going to apply to change the trial date due to the unavailability of the officer. And then another one, stating that the motion had been moved to the Aug 2. But in between that day and today (Aug 13), I have received no further notices of any changes. I am running under the assumption that I shall show up to court for my initial trial date tomorrow that I received a notice for.

Is there anything else that I can do? Further, does anyone have any ideas what I can say in my defense? (I have some ideas, but more can never hurt.)

Officer's notes:

- w/b 403 off to Upp. Midd. slowing near end of ramp
- In 2 of 3 m/v ahead stpped for fresh red, slowly smoothly. roads dry. m/v in l3 of 3 slight ahead completes tun back wheels on stop like when to red Toyota m/v in L3 behind continues turns R of full red slowing only enough to turn, also posted on both signal ramps no right on red also 1 sign same L/M fr R. edge of L3 on app to int. subs stop same toy m/v bearing [licence plate] D lone occ id vopdv as [my name & licence]
- it was only amber when asked why she didn't stop for red light subs serve [red light - fail to stop] [disobey sign - HTA] obs. t. ligh all funct normall all 3. size amber x2

Thanks!






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