I was charged today with RED LIGHT - FAIL TO STOP and fined $150 and I guess 3 points. I was driving through the first of three lights in our very small town. There is a access to a business appoximately 50 ft from the intersection. A vehicle was turning out of this business as I crossed a bridge and approached the first of the lights. I took my eyes of the green light to watch this vehicle as it crossed my lane. I proceeded through the light noting it turned amber while I was entering the intersection. As I slowed and approached the next set of lights which were red, an officer was crossing on foot (j-walking across the street, so it appeared) between my vehicle and that ahead of me. He waved and I stopped, seemingly to let him cross the street. He then approached my vehicle and I rolled down the window. He indicated that I had run a red light. While writing the ticket he reported that the light turned red when I was half way through the intersection and that the law says that if you are in the intersection you can be charged. He initially fined me $300 and then said he was wrong - scribbled it out and wrote $150. Should I plead not quilty or simply pay the fine - lesson learned.

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144(18) - should I plead not quilty?

by: cricket on

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Re: 144(18) - should I plead not quilty?

Yes! To be convicted of Red Light Fail to Stop, s. 144 (18 ), you must have entered the intersection when the light was red. When it goes to court, make sure that the officer sticks with his statement that the light did not change to red until your car was already in the intersection. If he changes his testimony, that's a bit different, although unlikely given that they seem to have given you a "will say" statement. Just don't let anyone know beforehand that the officer's testimony is the basis for your defence. After he's finished, quote section 144 (18 ) and indicate that you could not have disobeyed the red light, as you were already in the intersection as indicated by the officer's testimony. If they try to go after disobey amber light, simply state that you were not charged with disobey amber light and the Crown has failed to prove its case.

cricket wrote:

Approaching a tcs showing a circular red... , so it must be red before you enter the intersection? The officer has stated (as part of the transcript and as part of his will say statement, that it was not red until I was halfway through the intersection. So he charged me with the wrong thing and this is my defense. Could it be that simple?

Yes! To be convicted of Red Light Fail to Stop, s. 144 (18 ), you must have entered the intersection when the light was red. When it goes to court, make sure that the officer sticks with his statement that the light did not change to red until your car was already in the intersection. If he changes his testimony, that's a bit different, although unlikely given that they seem to have given you a "will say" statement. Just don't let anyone know beforehand that the officer's testimony is the basis for your defence. After he's finished, quote section 144 (18 ) and indicate that you could not have disobeyed the red light, as you were already in the intersection as indicated by the officer's testimony. If they try to go after disobey amber light, simply state that you were not charged with disobey amber light and the Crown has failed to prove its case.

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