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Failure to Stop - Amber Light
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PostPosted: Sun Jan 02, 2011 6:06 pm 
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Hi - I was looking for some advise for the above speeding ticket I got this afternoon. I was travelling in Newmarket on Davis drive making a left hand turn onto Bathurst. The office pulled me over for failing to stop on the yellow light. I told her I did not feel I could stop safetly, as it was snowing lightly, the ground was slick and I drive a mini van. I made the decision to go thru the yellow light because I did not think I could make the stop properly. She begged to differ and said I could have stopped, and that I did not even try. I replied of course I did not try, I used my best judgment to proceed to turn thru the yellow light.

I was wondering what the York Region Courthouse is like? I have only ever gotten 2 other tickets in my driving life! I paid both of them in full as I was wrong. But I really don't think I am wrong this time. Could I have tried to stop, probably, would I have been successful - I don't know....but I thought what I did was correct in the circumstance.

Should I fight this ticket? Any advise??

Thanks!


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Re: Failure to Stop - Amber Light
PostPosted: Mon Jan 03, 2011 2:33 am 
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Location: Collingwood
I agree with you, I live in Collingwood and one night I was going home and I came to an intersection with a short amber light and the roads were extremely icy. No traffic was coming from the other way, but the light still went yellow, but I knew if I tried to stop I would slide into the intersection, as I has seen it happen to someone earlier that day at the same intersection, and I had enough common sense to know it would, so I went through, I was almost out, but it went red before I did, luckily no cops were near by. Personally, I hate those very short amber lights, you shouldn't have to test your breaks just to stop, cause even on good days u barely can. But as you were saying, I think you did the right thing, because you would have probably slid, which would have been a safety hazard, you did the best possible way to avoid a collision or any kind of problem. The yellow light means, stop if you can,m it is not a red light, you couldn't make a safe stop, therefor you could not stop, so you should not have gotten a ticket.

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Re: Failure to Stop - Amber Light
PostPosted: Mon Jan 03, 2011 11:15 am 
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Location: In YOUR rearview mirror!
jgagnon67 wrote:
Hi - I was looking for some advise for the above speeding ticket I got this afternoon. !


Speeding :?: :?: or Yellow Light :?: :?:

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Failure to Stop - Amber Light
PostPosted: Mon Jan 03, 2011 7:16 pm 
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sorry - it was not a speeding ticket but a failure to stop ticket


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Re: Failure to Stop - Amber Light
PostPosted: Tue Jan 04, 2011 11:23 am 
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Failing to stop for an amber light is one where, if you testify carefully, you should be able to win. If you'd adjusted your speed for the conditions, found it was slick and decided it was unsafe for you to attempt to stop, and proceeded with caution, you didn't break the law. What you'd want to do in court, after the officer testifies for the Crown, ask if she drove over the same piece of road prior to the traffic signal that you drove on. If so, did she test how slippery it was? Did she estimate your speed? How long after the light turned amber did you enter the intersection? Was there any skidding, sliding, or steering problems observed by the officer when you turned?

From there, when you testify, you want to repeat the information you said above. You want to tell the court how long you've been driving your vehicle for, that you are fully aware of its braking/steering capabilities, and were also fully aware of the conditions at the time. As you'd properly adjusted for the conditions, when you saw the amber light, based on your experience, your knowledge of the vehicle's capabilities, and your conditions, you decided that it was not reasonably possible to stop the vehicle safely. As such, you checked the intersection for other vehicles and safety hazards, and proceeded through carefully. As noted, it is not an absolute requirement for the vehicle to stop on an amber. You are required to stop if you are safely able to do so; if not, you are to proceed with caution. You'd want to point out that section 144 (15) of the Highway Traffic Act is written for situations like the one you encountered.

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