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Failure to Stop - Amber
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PostPosted: Mon Jan 16, 2012 1:14 pm 
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Just a few quick questions regarding my recent ticket for Failure to Stop Amber. I plan to plead not guilty as the road appeared icy at intersection so I decided to proceed with caution. The officer didn't agree and said the roads were clear and dry. There wasn't much snow that day but it was a mainly sunny day and the temperature dropped significantly after sunset which is when I received my ticket. It was a very cold evening. As I was approaching the intersection, it appeared to me that ice had formed where cars had idled at intersection during the day because sun was now down and the temperature dropped so much.

My main question. If I plead not guilty and lose, is there any way that I could received a worse penalty (ie worse than $180 and 3 demerit points)? Also, the intersection it occurred at definitely doesn't have those red light cameras seen in some big cities but there does seem to be some sort of black camera type thing above the stoplight. Is this camera likely just for timing of the crosswalk, lights etc? I'm just wondering if videos are ever used in these cases for evidence?

Thanks


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Re: Failure to Stop - Amber
PostPosted: Mon Jan 16, 2012 7:53 pm 
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The fine might be worse, but the demerit points and conviction record will not be any worse.

Red light cameras are set to photograph drivers who go through the red only. They are triggered by sensor plates embedded in the road - so when the light is red and you go through, it snaps a photo of your vehicle entering on red, and then in the intersection on red.

As for your offence, was the officer behind you when he saw you go through? You may be able to testify that the road was too slippery, you were driving at a reasonable speed but, given the conditions, you felt that it was unsafe to attempt to stop so you proceeded with caution. Basically you'd testify that you followed the law (if unable to stop safely, proceed with caution). Since it happened on an amber light, you can make that argument. Whether it would be successful or not is a different story.

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* 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


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Re: Failure to Stop - Amber
PostPosted: Tue Jan 17, 2012 12:04 am 
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I realize this may be a difficult question to answer but how much worse, on average, would the fine be if still found guilty? Could it be double for example? Sorry, I'm just trying to decide whether its worth fighting it.

The officer was turning right onto the road I was driving so turned right behind me after I went through the intersection and pulled me over. Therefore, I like to think that I have a better judgement of the road conditions on the lane I was on since she never would have actually seen the shiny patch of road that I believe was ice. Although she may have gone back to the intersection afterwards to check it out but I suppose I would get that information if I asked for discovery.


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Re: Failure to Stop - Amber
PostPosted: Tue Jan 17, 2012 5:55 pm 
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I doubt if it would go double. The total payable for running a red light is $325, so you might be looking at something in the $200 to $250 range if you lose. But, your insurance will probably go up unless you either win, or plea-bargain it down to something less than Disobey Amber Light, so that's something to consider.

Redman02 wrote:
Therefore, I like to think that I have a better judgement of the road conditions on the lane I was on since she never would have actually seen the shiny patch of road that I believe was ice.


That's the key thing right there. The officer did not see or experience what you drove over prior to the intersection. If you take it to trial, it will be important to question the officer on this point, and show that she didn't actually drive over the same part of the road that you did.

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* 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


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Re: Failure to Stop - Amber
PostPosted: Wed Jan 18, 2012 10:43 pm 
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The other factors to consider are;

- what was your speed
- what point were you on the road when the light went amber (average perception/reaction is about 1.5seconds)
- was there traffic behind you
- what kind of lighting there was
- where was your vehicle in relation to the intersection when the light went red..
- did you speed up to make the light

Frankly if the officer is saying clear and dry and you're saying that there was patches of ice, that will be your biggest hurdle.

*** Edit
The black things onto of the traffic lights could be for the cross walk, or some municipalities have strobe readers for preemptive light sensors for Firefighters that will change the light cycle in their favour coming to an intersection.


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