Hey, I've chosen to fight the ticket that I was given. I was given a ticket for running a red light. The only thing is, I entered while it was yellow. Here is the situation. I was making a left hand turn onto a road. I was going at about 50 Km/hour. As I was approaching the green light it turned to amber, in my opinion, with the rate of speed I was going, I could not have stopped safely. I entered the intersection on a Amber. I was I would say 15 feet from the stop line when it turned Amber. I was able to see the light turn red JUST as I was going under it. To give some history to this, I was at a grocery store, and it was closing time, so there were no cars in the parking lot. I drove across the parking lot, and turned right onto the road. Later I found that that was when the police officer first saw me. It was obvious that he didn't like this so I feel he had it out for me and this gave him an excuse to pull me over. Here are my notes from that night: January 30th 2010 My wife and I left Food Basics at approximately 8:15pm. The parking lot was completely empty. We cut across the parking lot to the exit. I signalled that I was turning right, slowed down to look down the walkway, and then proceeded onto the roadway where I made and immediate left. I continued down the road and turned right again onto Metcalfe St. I then was faced with a green light and continued through the intersection. One block later I came to another light. This one turned amber a little bit before I came to the stop line. I proceeded to clear the intersection as I could not have stopped safely without skidding. I then was pulled over by Officer X. He asked me 'Was that closed' I wasn't sure what he was talking about, whether it be was the amber light close, or if my trunk was closed? Because we had just put groceries in the trunk and wondered if the trunk had closed. I asked him what he meant and he said 'You're trunk is open, do you want it closed.' I said yes. The other officer attempted to close the trunk after looking in the back with his flashlight. The other officer proceeded to look in the back seat with his flashlight. Officer X asked me why I ran that light. I answered 'just stupidity' Officer X chuckled a bit and said 'well at least you're honest.' Then he asked if I had anything to drink tonight. I said no nothing at all. He asked if I had any alcohol in the car, I said no sir. Then he asked me for my license registration and proof of insurance. I gave it to him and he looked at my registration, insurance and handed it back to me. He left and went back to the car at 8:28pm with my license. At 8:33pm he returned with a ticket in his hand. He asked again "Why were you in such a hurry, where do you need to be?" I said I didn't have anywhere to be. And then he said that he saw me going across the parking lot in Food Basics and that I must have went down Colborne, because he was sitting at the first light and said 'there's that car' and pulled in behind me. He just handed me the ticket, he didn't explain anything to me at all or what I was being ticketed for. He handed me my license and the ticket and said drive safely, and I said 'Thanks'. I then turned to my wife and said, 'Did I just say thank you for a ticket? I drove off, and after getting off the main road I pulled over to look at the ticket. I saw that it was for running a red light. I believe that Officer X should have at least explained to me what the ticket was for, and the three options. My question is, what can I use to fight my case. I mean, I know that I entered in on an amber light, but how do I PROVE it? What is the procedure that the trial will go? How do I cross examine a police officer? **note** officer name is not appropriate for forum and has been edited out with an "X" by forum moderator HB
Topic
144(8) I got a ticket for running a red... on an amber?
Hey sorry to stray away from your 'white' defense. I have just read another person's forum where they mention that they have recieved a fine of $325... 260 for the fine, 60 for the victims surcharge, and 5 for the court costs. I asked if this was an error on his ticket and Radar Identified mentioned that IS correct. That is the set fine for all of Ontario. Here is the link to the set fines. http://www.ontariocourts.on.ca/ocj/en/s ... /index.htm On my ticket it is written a 250 fine, with a 50 victims surcharge, and says total payable is 300.00. THIS IS AN ERROR Here is a previous court case where the same thing has happened and they have determined that it is a fatal error and must be quashed. http://www.ontariocourts.on.ca/decision ... CA0429.htm I quote... "(b) where the certificate of offence is not complete and regular on its face, the justice shall quash the proceeding." Is this my 100% win? Please advise me on where I should go from here?! Oh I'm excited now!
Hey sorry to stray away from your 'white' defense. I have just read another person's forum where they mention that they have recieved a fine of $325... 260 for the fine, 60 for the victims surcharge, and 5 for the court costs. I asked if this was an error on his ticket and Radar Identified mentioned that IS correct. That is the set fine for all of Ontario. Here is the link to the set fines.
It is, indeed, a fatal error! There are a couple of ways to proceed here. One is to simply not show up for trial. The JP must then examine the ticket, as you have "defaulted," so to speak. If there are any fatal errors, he's supposed to quash it without you present. If he doesn't quash it, you can then appeal. (Could be a bit complicated but others have done it.) If you show up for trial, they can amend the ticket and correct the fine. There may be other options to simplify the process. You should, however, be able to win this, even if it does require a bit of wrangling. There's lots of case law supporting this. The Ontario Court of Appeal was quite clear in the London v. Young ruling (applies here), which has been discussed quite a bit on this forum.
It is, indeed, a fatal error! There are a couple of ways to proceed here. One is to simply not show up for trial. The JP must then examine the ticket, as you have "defaulted," so to speak. If there are any fatal errors, he's supposed to quash it without you present. If he doesn't quash it, you can then appeal. (Could be a bit complicated but others have done it.)
If you show up for trial, they can amend the ticket and correct the fine.
There may be other options to simplify the process. You should, however, be able to win this, even if it does require a bit of wrangling. There's lots of case law supporting this. The Ontario Court of Appeal was quite clear in the London v. Young ruling (applies here), which has been discussed quite a bit on this forum.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I would also like to point out the obvious: This thread has endurance... So far we've covered: - R. v. W(D) - London v. Young - R. v. Sandhu - R. v. Nikolovski - R. v. Tran - R. v. McGibbon :shock: :shock: Just following up on something I hadn't yet responded to: I'm sure they are. Some are more helpful than others, from what I've seen, too.
I would also like to point out the obvious: This thread has endurance... So far we've covered:
- R. v. W(D)
- London v. Young
- R. v. Sandhu
- R. v. Nikolovski
- R. v. Tran
- R. v. McGibbon
Just following up on something I hadn't yet responded to:
Biron wrote:
I must also say the many JPs, if not most of them, are educated and very well versed in law.
I'm sure they are. Some are more helpful than others, from what I've seen, too.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
"I would also like to point out the obvious: This thread has endurance... So far we've covered: " Yes we have covered alot and I am VERY thankful to everyone that has passed along their knowledge and experience. I'm very appreciative. You guys rock!
"I would also like to point out the obvious: This thread has endurance... So far we've covered: "
Yes we have covered alot and I am VERY thankful to everyone that has passed along their knowledge and experience. I'm very appreciative. You guys rock!
All right everyone! First of all I'd like to thank everyone who helped me out with any questions that I had regarding this case. I'd like to send a special thank you out to Biron and Radar Identified, you guys were an EXTREME help! Thank you! I spent ALOT of time preparing for this court date, and through research found that the fine was incorrect. For those of you that don't know why this is important, basically you have 1 option at this point, if you want it to be quashed. That is to NOT show up for court, the JP will them examine the ticket and see if it is 'regular on face'. Meaning everything is correct. If the fine is incorrect, and the JP notices, according to case law, they must quash the ticket. If you were to show up, they can just ammend it as it isn't a pertinant part of the case, but without you present they cannot. If you don't show up, and they don't notice the error and convict you, you can appeal it. SO! That is what happened in my case on the 19th! I didn't show up for court. I called today to find out about my court date. They asked for my Driver's License and said 'you failed to appear?' I said 'absolutely' and he said 'the case was quashed, cancelled' I said 'because of the wrong set fine?' he said 'I don't know they didn't say all I know is it was quashed.' AWESOME! Case closed, DONE!
All right everyone!
First of all I'd like to thank everyone who helped me out with any questions that I had regarding this case. I'd like to send a special thank you out to Biron and Radar Identified, you guys were an EXTREME help! Thank you!
I spent ALOT of time preparing for this court date, and through research found that the fine was incorrect. For those of you that don't know why this is important, basically you have 1 option at this point, if you want it to be quashed. That is to NOT show up for court, the JP will them examine the ticket and see if it is 'regular on face'. Meaning everything is correct. If the fine is incorrect, and the JP notices, according to case law, they must quash the ticket. If you were to show up, they can just ammend it as it isn't a pertinant part of the case, but without you present they cannot. If you don't show up, and they don't notice the error and convict you, you can appeal it.
SO! That is what happened in my case on the 19th! I didn't show up for court. I called today to find out about my court date. They asked for my Driver's License and said 'you failed to appear?' I said 'absolutely' and he said 'the case was quashed, cancelled' I said 'because of the wrong set fine?' he said 'I don't know they didn't say all I know is it was quashed.' AWESOME! Case closed, DONE!
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
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 just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
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So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
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An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
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I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…