Do I have a case to fight this ticket at all? I used the pedestrian green to cross on my bike as crossing 4 lanes is really difficult on a bike green light or not. I was hit by the car while I was on the crosswalk. Can I fight the red light ticket flat out or should I attempt to simply plead guilty then argue to either get the ticket reduced or dropped due to the circumstances?
Some of the relevant sections from the HTA:
A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop,
(a) at the sign or roadway marking indicating where the stop is to be made;
(b) if there is no sign or marking, immediately before entering the nearest crosswalk; or
(c) if there is no sign, marking or crosswalk, immediately before entering the intersection.
So by law you you were required to stop prior to entering the crosswalk. Even though you were crossing the roadway, you still entered the intersection on a red light.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.
I always tell everybody they should plead NOT GUILTY and ask for a Trial with the Officer present. Once you get your Notice of Trial, you can then request disclosure (officers notes, witness statements). Once you get disclosure you can then better decide how to proceed. And remember that at the trial, the prosecutor will need an actual witness that saw the event to testify against you. So the officer will almost always be there, but there is much better chance that other witnesses will not be.
In this case you would probably be best NOT to testify against yourself (do not take the witness stand), and in case the officer tries to use your own statements against you read these:
+++ This is not legal advice, only my opinion +++