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Fail to Stop - Amber 144 (15)
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PostPosted: Thu Feb 03, 2011 12:19 pm 
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Hi All,

Would like to first say thank you in advance for any help.

As most of you know we had the biggest snow storm of the season so far yesterday and getting in the car this morning I knew I had to be as cautious as possible.

I was driving down University ave (Waterloo, ON) and the roads are absolutely awful still. The speed limit is 50 km/h and I was doing probably between 30 - 40 km/h. The traffic light changed in front of me and I was probably around 30 meters away. I made the initial movements to brake but I began to skid on the snow (ABS kicked in almost immediately) I made the judgement that it was better for me to get in the intersection late then to skid right through it. I entered the intersection just before it turn red (imagining a 5 counts from it turning yellow to it turning red, I got in just after 4).

A cop saw me do this and pulled me over. He was nice enough not arrogant or anything and simply asked if I knew what I had done. I said I went through on a yellow, he then told me it was red, and I said my tires had crossed the line before the light had changed. He then told me that I had gotten in just after the 4 count.

He went and gave me a ticket for going through on yellow. Everything looks to be marked correctly on the ticket. After giving me the ticket he proceeded to explain to me how I need to drive carefully under different weather conditions. He acknowledged the fact that I was going 30 km/h in a 50 zone. After that he was off on his way.

so my question now becomes:

1) I just want to confirm that the penalty for pleading guilty is in fact:

$180 fine
3 years on driving record
3 demerit points

2) If I take it to trial can they raise it to going through on red?

assuming 1) is a yes and 2) is a no, I have decided to take the ticket to trial.

I believe taking it to trial would involve me explaining how I have been driving this vehicle for 5 years and I know how it turns and skids on snow. I would also say I tried to stop safely but could not as ABS automatically kicked in and I began to skid as well as explaining how I was proceeding with caution on a bad road day.

I don't believe the cop could argue this because of his acknowledgement that I was doing 20 under the speed limit.

I'm not really sure where the cop was sitting when he saw me go through - but I have taken pictures of the roads with time/date stamps just for record.

I was wondering what you guys think of the situation as I did get in the intersection pretty late but I think I had no way of stopping?

Is it worth fighting by myself or involving a paralegal? (I'm willing to do it as 3 points is not something I really want on my license, but won't do it if I'm capable)

Let me know what you guys think?

Thanks.


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Re: Fail to Stop - Amber 144 (15)
PostPosted: Thu Feb 03, 2011 11:19 pm 
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The answer to #2 is no.

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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Re: Fail to Stop - Amber 144 (15)
PostPosted: Sat Feb 05, 2011 9:40 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Your initial slow speed, and the inability to stop despite adjusting for the conditions, could be your defence.

The only offence that can be "raised" at trial is speeding. They can change your speed to the original speed observed by the officer, if a reduction was given at the roadside. That's because if you are accused of speeding, the act is exceeding the posted speed limit, which does not really change the nature of the charge. The only way they could bring your charge up to Red Light - Fail to Stop is if they withdraw the original charge and issue a summons for you to appear to answer for Red Light - fail to stop. They have up to 6 months from the date of the offence to do that. Are they likely to do it? Probably not.

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