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Ontario Highway Traffic Act

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Fail to Stop Red Light
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PostPosted: Tue Mar 15, 2016 12:56 am 
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Joined: Tue Mar 15, 2016 12:34 am
Posts: 2
Hi all,

Appreciate any advice. TIA.

Pled not guilty and going to court next week for Fail to Stop - Red Light (144(18)), though the officer said he reduced the charge to Failed to Yield (144(19) (unfortunately not what he wrote on ticket).

The set fine for Fail to Stop is $260 and Fail to Yield $85. Though charged with Fail to Stop, I was given a total payable for the violation that he said he'd charge me for, $110. (I'm presuming $110 because of surcharges.) I was also told that I would be up for 1 demerit point and not 3?

Situation: I was waiting to turn left, having crossed the second of the 2 pedestrian lines. Traffic was busy on Queen St/Niagara, and I turn after amber on the red when there was an opening. An officer was waiting to pull me over, as this was during the traffic safety blitz for the PanAm Games.

I'm assuming I'll be charged for the 3-demerit offence of Fail to Stop - Red Light.

With these discrepancies and the traffic situation, what is my best realistic outcome? And would getting disclosure help?

Cheers.


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Re: Fail to Stop Red Light
PostPosted: Tue Mar 15, 2016 3:50 am 
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Jr. Member

Joined: Thu Feb 05, 2015 3:12 pm
Posts: 55
jungaree wrote:
Hi all,

Appreciate any advice. TIA.

Pled not guilty and going to court next week for Fail to Stop - Red Light (144(18)), though the officer said he reduced the charge to Failed to Yield (144(19) (unfortunately not what he wrote on ticket).

The set fine for Fail to Stop is $260 and Fail to Yield $85. Though charged with Fail to Stop, I was given a total payable for the violation that he said he'd charge me for, $110. (I'm presuming $110 because of surcharges.) I was also told that I would be up for 1 demerit point and not 3?

Situation: I was waiting to turn left, having crossed the second of the 2 pedestrian lines. Traffic was busy on Queen St/Niagara, and I turn after amber on the red when there was an opening. An officer was waiting to pull me over, as this was during the traffic safety blitz for the PanAm Games.

I'm assuming I'll be charged for the 3-demerit offence of Fail to Stop - Red Light.

With these discrepancies and the traffic situation, what is my best realistic outcome? And would getting disclosure help?

Cheers.


Check out my thread -.-, i been charged with the same *EDIT*.

Anyways your situation seems to be a bit better than mine, as long as you were passed the line while the light was amber, your charge should be dropped. If it turned red after you were passed the line, then the charge should not stay.

Officer will be required to submit some kind of disclosure (dashcam video) or something and they could look at it and see you were passed the line while it was amber.
I'm guessing you got your disclosure because you said this was during the Panam so that was a few months back?


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Re: Fail to Stop Red Light
PostPosted: Tue Mar 15, 2016 8:49 am 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1706
If the SET FINE is incorrect for the charge on the ticket, then it is a fatal error, which sounds like what you are describing.

What is the exact charge on the ticket? What is the SET FINE listed on the ticket?

If it is a Fatal Error, then DO NOT GO TO COURT and do not tell the prosecutor or anybody there is an issue... just don't show up. If you show up for the trial, then they can amend the ticket and fix it. If you do not show for court, then they can not fix it and the JP must review the ticket as it stands.

Two possible outcomes if you do NOT show up:
(1) The JP will recognize that the set fine is incorrect and the ticket will get dropped.
(2) The JP does not recognize the error and convicts you of the charge. Once you get the notice of conviction, you file an APPEAL because of an error at law. Once you get your appeal trial date, then you go before the Judge and you simply say that "there was a fatal error on the ticket (incorrect set fine) and therefore the JP should have quashed it."

Either of these two outcomes is an easy win. If you show up for your trial you will most likely be found guilty.

_________________
+++ This is not legal advice, only my opinion +++


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