:) Hi, everyone, my wife just got this ticket and I am hoping for some opinions about how we can fight it. I know under the HTA 144 (15), "Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution." Our argument will be that it was not safe to stop at the time, and she proceeded with caution. The incident happened at McCowan Rd/Sandhurst Cir North a few days ago. Sunny, dry and normal traffic. On the incident day, we were on our way home from a fracture clinic because I injured my right leg from the day before. We were told that I had "Medical Collateral Ligament Injury" on my right knee. (I have a copy of the doctors prescription with date on it). I was in a lot of pain. At the time of the incident, I was sitting at the passenger side. I had my right (injured) leg straight and my left leg curved under my buttock because that position made my injured leg more comfortable. However, this meant a hard stop would put most of my body weight to my injured leg. My wife realized it too. So, when she saw the amber about 20-30 feet from the intersection she stepped on the brake slightly for a quick moment (as instinct) then decided to coast through the intersection (at about 55km/hr) to avoid injuring my leg. We were travelling from North to South. My wife did see the police car at the time was on the West side waiting for that side of the traffic signal. My wife also noticed there was no car from the opposite direction making left turns or any pedestrian crossing the road. My wife was then stopped by the same police and was given a ticket. When I tried to explain the situation because my wife didn't speak english well, the police officer refused to listen to me and insisted that my wife's english was ok. And of course my wife was left speechless because she did not understand half of what the officer was saying.The officer basically told my wife, there was a car going beside us and stopped at the yellow, but my wife did not try to stop and will be issued a ticket. Neither I nor my wife realized there was a car travelling beside us. The officer also said the light turned red before our car reached the other side of the intersection, but my wife and I both knew the light stayed yellow until we passed the intersection. My questions are: 1. Is the possible injury on my already injured leg a good argument? The reason I am questioning is because I had an impression that the "being unsafe to stop" are more like something outside of the car, ex. the "road condition", not inside of the car. 2. Is the possible injury good enough for the argument or should I also mention "if she did stop, the car would have been stopped in the middle of the intersection" 3. Will it be better for me to appear on the court as a witness, or can I be my wife's unpaid representative and witness at the same time? The reason for this question is because my wife is not much of a debater as I am and will not react as quickly as I do on the court. 4. If I do not agree to what the officers note describes but I cannot prove it, what happens? Any advices are greatly appreciated! Thanks a lot for your time!
Hi, everyone, my wife just got this ticket and I am hoping for some opinions about how we can fight it.
I know under the HTA 144 (15), "Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution." Our argument will be that it was not safe to stop at the time, and she proceeded with caution.
The incident happened at McCowan Rd/Sandhurst Cir North a few days ago. Sunny, dry and normal traffic.
On the incident day, we were on our way home from a fracture clinic because I injured my right leg from the day before. We were told that I had "Medical Collateral Ligament Injury" on my right knee. (I have a copy of the doctors prescription with date on it). I was in a lot of pain. At the time of the incident, I was sitting at the passenger side. I had my right (injured) leg straight and my left leg curved under my buttock because that position made my injured leg more comfortable. However, this meant a hard stop would put most of my body weight to my injured leg. My wife realized it too. So, when she saw the amber about 20-30 feet from the intersection she stepped on the brake slightly for a quick moment (as instinct) then decided to coast through the intersection (at about 55km/hr) to avoid injuring my leg. We were travelling from North to South. My wife did see the police car at the time was on the West side waiting for that side of the traffic signal. My wife also noticed there was no car from the opposite direction making left turns or any pedestrian crossing the road.
My wife was then stopped by the same police and was given a ticket. When I tried to explain the situation because my wife didn't speak english well, the police officer refused to listen to me and insisted that my wife's english was ok. And of course my wife was left speechless because she did not understand half of what the officer was saying.The officer basically told my wife, there was a car going beside us and stopped at the yellow, but my wife did not try to stop and will be issued a ticket. Neither I nor my wife realized there was a car travelling beside us. The officer also said the light turned red before our car reached the other side of the intersection, but my wife and I both knew the light stayed yellow until we passed the intersection.
My questions are:
1. Is the possible injury on my already injured leg a good argument? The reason I am questioning is because I had an impression that the "being unsafe to stop" are more like something outside of the car, ex. the "road condition", not inside of the car.
2. Is the possible injury good enough for the argument or should I also mention "if she did stop, the car would have been stopped in the middle of the intersection"
3. Will it be better for me to appear on the court as a witness, or can I be my wife's unpaid representative and witness at the same time? The reason for this question is because my wife is not much of a debater as I am and will not react as quickly as I do on the court.
4. If I do not agree to what the officers note describes but I cannot prove it, what happens?
Any advices are greatly appreciated! Thanks a lot for your time!
1) I don't believe the Courts would accept your leg injury as a valid reason. The onus would be on your wife to drive more slowly if abrupt stops cause you pain. 2) If you can convince the Courts you didn't have sufficient time/distance to stop at the stop line, that would be a good defence.. 3) I don't think it's an issue to represent her and take the stand as well. 4) If the Justice of the Peace finds you and your wife credible, it should raise reasonable doubt. Courts aren't supposed to place any more weight on officer's testimony if everyone is credible.
1) I don't believe the Courts would accept your leg injury as a valid reason. The onus would be on your wife to drive more slowly if abrupt stops cause you pain.
2) If you can convince the Courts you didn't have sufficient time/distance to stop at the stop line, that would be a good defence..
3) I don't think it's an issue to represent her and take the stand as well.
4) If the Justice of the Peace finds you and your wife credible, it should raise reasonable doubt. Courts aren't supposed to place any more weight on officer's testimony if everyone is credible.
Thank you so much for your reply! I thought my leg injury was a pretty good argument. But, based on your opinion, we should focus more on the insufficient time to stop? My wife was driving pretty slow at the time, I think she was at about 45-50km/hr. When the light turned yellow, our car was pretty close to the intersection. How would the JP determine whether there was enough time to stop the car though? Thanks!
Stanton wrote:
1) I don't believe the Courts would accept your leg injury as a valid reason. The onus would be on your wife to drive more slowly if abrupt stops cause you pain.
2) If you can convince the Courts you didn't have sufficient time/distance to stop at the stop line, that would be a good defence..
3) I don't think it's an issue to represent her and take the stand as well.
4) If the Justice of the Peace finds you and your wife credible, it should raise reasonable doubt. Courts aren't supposed to place any more weight on officer's testimony if everyone is credible.
Thank you so much for your reply!
I thought my leg injury was a pretty good argument. But, based on your opinion, we should focus more on the insufficient time to stop?
My wife was driving pretty slow at the time, I think she was at about 45-50km/hr. When the light turned yellow, our car was pretty close to the intersection. How would the JP determine whether there was enough time to stop the car though? Thanks!
Just to add to what Stanton is saying, if your wife was driving slowly at the time and was unable to stop, then you'll want to add in things like: "I've been driving this vehicle for quite some time, I am fully aware of its capabilities, stopping performance..." "I was driving under the posted speed limit and saw the green light. I am fully aware of the requirement to stop the vehicle if I'm safely able to do so when the light turns amber. When the light changed to amber, based on the conditions, my knowledge of the car, distance from the intersection and all other factors, I made the decision that I could not safely stop the vehicle in time. I then checked for other traffic, and proceeded with caution through the intersection." Or words to that effect...
Just to add to what Stanton is saying, if your wife was driving slowly at the time and was unable to stop, then you'll want to add in things like:
"I've been driving this vehicle for quite some time, I am fully aware of its capabilities, stopping performance..."
"I was driving under the posted speed limit and saw the green light. I am fully aware of the requirement to stop the vehicle if I'm safely able to do so when the light turns amber. When the light changed to amber, based on the conditions, my knowledge of the car, distance from the intersection and all other factors, I made the decision that I could not safely stop the vehicle in time. I then checked for other traffic, and proceeded with caution through the intersection."
Or words to that effect...
* 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 searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…