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Ontario Highway Traffic Act

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Fail to Stop on Red
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PostPosted: Mon Mar 07, 2011 7:16 pm 
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Joined: Mon Mar 07, 2011 6:45 pm
Posts: 3
Thankfully I stumbled upon this site, but my first attendance is scheduled for tomorrow.

the scenario for my ticket was this....

i had just pulled out of a parking lot which was a little more than a bus length from a 3 way intersection(so i had no space to be speeding).as i approached the intersection, wanting to turn right, the light was yellow so i started to brake and because it had snowed the night before, that curb lane was a little slick, so i slid a little past the line but came to a complete stop.i immediately looked to my left to make sure the oncoming traffic was still stopped(and of course there was a cop there).. looked to my right to make sure there were no pedestrians, and behind to make sure there wasn't a vehicle behind me.i was clear all around, so i backed up slightly so that i didn't cause an accident.after getting out of the way i looked back to my left to watch the traffic pass, only to see the cop had his lights on looking at me signaling me to turn and pull over.the officer came to my window, asked for my documents, didn't want to hear what i had to say and went back to his car. when he came back to me 20 mins later, he said "here's your ticket for running a red" so my response was "i'm sorry officer, but i didn't run a red. as i was braking for the yellow, i slid, and yes i was past the line, but i did stop." his response..."well take it up with the Justice of the Peace" as he tossed my beautiful ticket and documents at me.my insurance slip ended up behind me, and my license on my lap. luckily i grasped the ticket and ownership. he walked back to his car and took off.

i know i may be in the wrong for reversing...but i didn't want to get hit or cause an accident, and there was no one behind me. what are the odds that my ticket will get withdrawn? i definitely don't want the points that go along with the ridiculous fee of the ticket. any advice would be greatly appreciated! :)


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Re: Fail to Stop on Red
PostPosted: Mon Mar 07, 2011 7:33 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Unless there is some type of fatal error I don't see why the ticket would be withdrawn. The officer believes you entered the intersection on a red light while you believe it was on an amber light. The Crown won't withdraw the charge just because you dispute the evidence, that's what the trial is for. If you did enter the intersection on a red, the fact that you slid in the snow is irrelevant as it's an absolute liability offence.

Most likely what will happen tomorrow is the Crown offer you a plea deal, possibly to a less serious offence and/or reduced fine. You'll have to decide if it's better to take a deal or take your chances at trial.


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Re: Fail to Stop on Red
PostPosted: Tue Mar 08, 2011 8:31 pm 
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Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
Also, if you pass the stop line and ENTER the intersection when the light is red, it doesn't matter whether you stopped before exiting the intersection, it's the passing the stop line on the red that constitutes the offence - if that's what happened in your case...I wasn't clear on that from reading your post.

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Re: Fail to Stop on Red
PostPosted: Tue Mar 15, 2011 10:25 pm 
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Joined: Mon Mar 07, 2011 6:45 pm
Posts: 3
thank you for the replies! the prosecutor offered me a plea deal of an improper stop, and advised me that in all her years that would be the best that could be done for my situation. so having said that... if in court they can change the charge to that of an "improper stop" why couldn't the cop have issued that ticket instead of "running a red"?


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Re: Fail to Stop on Red
PostPosted: Wed Mar 16, 2011 12:11 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
pazza wrote:
if in court they can change the charge to that of an "improper stop" why couldn't the cop have issued that ticket instead of "running a red"?


Technically you didn't commit that offence based on the officers observations and he knows if you went to trial you'd get off since it's the wrong offence. Since however you're agreeing to plead guilty, the Courts/Crown can charge you with what's technically the incorrect charge, but obviously in your favour. The only reduced fine officers can give at the side of the road that would stand in Court is speeding, since it's same offence and section.


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Re: Fail to Stop on Red
PostPosted: Wed Mar 16, 2011 8:52 am 
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Joined: Mon Mar 07, 2011 6:45 pm
Posts: 3
but technically i didn't commit "running a red" either.it was more like an "improper stop" if it had to be named. Due to some act of God, there was a patch of snow or something in that curb lane and i slid past the line of the intersection, and was hardly in the intersection. Anyways.. it's a lose-lose situation. It's done and over with now, and it's all a cash grab. :) thanks again for the reply.


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