Thank you for all you help in advance.
HTA 144(15): Amber Light - Fail To Stop
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: HTA 144(15): Amber Light - Fail To Stop
Amber Light - Fail to Stop is not too hard to beat in Toronto. Basically the Crown has to prove that you either did not stop for an amber light when you could have done so safely, or that upon being unable to stop, you did not proceed with caution. "Speeding up" would be failing to proceed with caution. Perhaps maintaining your speed would be failing to proceed with caution, but that's very subjective.
You could try the First Attendance meeting and try to get a municipal by-law infraction. Tell them, with sincerity, that you want to save everyone's time and efforts and do not want a lengthy trial process, so you'd like to discuss some options. See what they say.
Of course, go for the disclosure package, etc. If the officer does not show up for the trial, case dismissed. If he does, there's a lot of evidence you have that indicate why you could not stop for an amber.
The key things to focus on are establishing that you could not have stopped, and then you proceeded with caution. A lot of your questions to the officer should focus on how he came to determine that you were unable to stop, and how he determined that you "sped up." Lots of questions to ask there. Anyway, the focus of your defence should be something like what you wrote: "I was approaching a green light and scanned the intersection for any hazards and other vehicles and pedestrians. When I was about two car-lengths from the stop line, the light changed to amber. I was driving at approximately the posted speed limit, which was appropriate given the conditions. I am fully aware of the capabilities and limits of my vehicle and know that I could not have safely brought it to a stop given the situation at the time. With that, I again confirmed that there were no hazards to react to, and also noticed the Toronto Police Service cruiser at the intersection. There were no vehicles that were going to proceed into my path and I coasted through the intersection, in safety and, in my mind, with a reasonable amount of caution."
That's my two cents...
Re: HTA 144(15): Amber Light - Fail To Stop
Thank you Radar. What you said makes perfect sense. I know he will have a tough time since he has to prove how I was able to stop in time given the conditions. Not to mention there is construction going on and there is a lot of dirt on the lane I was in so I knew as well I would skid. I took pictures this morning of the site.
This happened at 12:44am while I was driving my friends home and there were no other cars around at the time. I would have been in the middle of the intersection had I stopped anyways. He would have probably given me a ticket for that too.
I want to do first attendance because I really do not want to go to trial and waste time from work. I would rather listen to the offer they make and if I agree, case closed as they say.
Re: HTA 144(15): Amber Light - Fail To Stop
Radar Identified wrote:
Anyway, the focus of your defence should be something like what you wrote: "I was approaching a green light and scanned the intersection for any hazards and other vehicles and pedestrians. When I was about two car-lengths from the stop line, the light changed to amber. I was driving at approximately the posted speed limit, which was appropriate given the conditions. I am fully aware of the capabilities and limits of my vehicle and know that I could not have safely brought it to a stop given the situation at the time. With that, I again confirmed that there were no hazards to react to, and also noticed the Toronto Police Service cruiser at the intersection. There were no vehicles that were going to proceed into my path and I coasted through the intersection, in safety and, in my mind, with a reasonable amount of caution."
That's my two cents...
Have to give credit where credit is do.....
RI...that was as smooth as a bird in flight!!!
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: HTA 144(15): Amber Light - Fail To Stop
El Latin wrote:
I want to do first attendance because I really do not want to go to trial and waste time from work. I would rather listen to the offer they make and if I agree, case closed as they say.
They should be willing to listen. The better you are at convincing them that you're trying to save their time (even though you really aren't), the more likely they are to offer you something. Good luck with it.
hwybear wrote:
RI...that was as smooth as a bird in flight!!!
Nice choice of words, Bear. ![]()
Re: HTA 144(15): Amber Light - Fail To Stop
UPDATE: I went to court today and wanted to have a first attendance but the guy in the information desk said prosecutors do not see my offenses and showed me a list. He said I have to set a trial date. So I set a trial date.
I then ask the lady when handing my form in how I can have disclosure, she didn't know what this was and asked me to simplify so I said the officers evidence. She then says you will be able to see the evidence at the trial. I didn't bother making a big deal out of it but my god.
Since the CUPE strike is going on they replaced the real workers with other non-union staff and they don't know jack all.
So my question is when my trial date confirmation comes in the mail will it mention it in their or do I have to wait until the strike is over to call one of the offices.
Re: HTA 144(15): Amber Light - Fail To Stop
Well its been a while since I have been here but I'm back. This time I have my court date. Before I continue I hope this helps many people out so I am sort of documenting this.
So I received my court date about 2 days ago and I find it odd that my date is coming up very quick. My court date is in February and I just received the notice of trial but it only gives my 1 month and change to get disclosure. I didnt know where to send my request until now. I will be faxing it on Monday but who knows when I will get anything back. The notice was filed in mid December.
Edit: My notice of trial also has the incorrect time of my offense. Instead of am it says pm.
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: HTA 144(15): Amber Light - Fail To Stop
What I'd do is file the disclosure request and see what happens. Just a word of caution with the form (although I'm sure you already know this): Many people download the "sample form" from ticketcombat's website, cut-and-paste it, and submit it. Most of the requests and information for disclosure on that form do not apply to the vast majority of cases (e.g. any statements made by the defendant, will-say statements by witnesses, etc.) While the format is good, the requests are samples only. There are only two things you really should ask for in your case for disclosure: Full copy of the officer's notes, in typed format if the notes are not clearly readable; and, photographic or video evidence - if any exists and the Crown intends to use it at trial. (There probably is no video/photo evidence so likely none will be provided to you, but it's worthwhile asking for just in case.)
If nothing else, on the day of trial you can mention that disclosure has not been received yet and ask for an adjournment. Mention that the circumstances of the CUPE strike made it difficult to set a trial date, which pushed back the time for you to receive disclosure...
Other than that... see how it goes... They should adjourn the matter, or, if you're lucky, drop the charge.
http://www.OntarioTicket.com OR http://www.OHTA.ca
Re: HTA 144(15): Amber Light - Fail To Stop
I have been pulling my hair searching for the fax number for Old City hall court house to try and have proof that I sent it in but I cant seem to find it on their site or anywhere.
If anyone knows where to point me please do otherwise I will go into court and fill out the form.
EDIT: TicketCombat has Old city hall byt my offense notice says 60 Old City Hall and Ticket has posted Old City Hall 100 Queen Street West. Are they the same?
Re: HTA 144(15): Amber Light - Fail To Stop
El Latin wrote:
I have been pulling my hair searching for the fax number for Old City hall court house to try and have proof that I sent it in but I cant seem to find it on their site or anywhere.
If anyone knows where to point me please do otherwise I will go into court and fill out the form.
EDIT: TicketCombat has Old city hall byt my offense notice says 60 Old City Hall and Ticket has posted Old City Hall 100 Queen Street West. Are they the same?
20 Queen is part of Eaton center 60 is old city hall 130 is Osgood hall and 100 is new city hall.
Cheers
Viper1
use at your own risk"
Re: HTA 144(15): Amber Light - Fail To Stop
viper1 wrote:
El Latin wrote:
I have been pulling my hair searching for the fax number for Old City hall court house to try and have proof that I sent it in but I cant seem to find it on their site or anywhere.
If anyone knows where to point me please do otherwise I will go into court and fill out the form.
EDIT: TicketCombat has Old city hall byt my offense notice says 60 Old City Hall and Ticket has posted Old City Hall 100 Queen Street West. Are they the same?
20 Queen is part of Eaton center 60 is old city hall 130 is Osgood hall and 100 is new city hall.
Cheers
Viper1
Thanks Viper that helped. I think Ticket has the wrong address but the correct fax thats all and it confused me.
Re: HTA 144(15): Amber Light - Fail To Stop
Good news. Cop didn't show up and my ticket was dismissed.
I was prepared to fight it however.
The only odd thing was they had my disclosure at the courthouse only because I didn't place my phone number on the request even though my address is on there. We originally agreed before the trial with the prosecutor to have an adjournment so I could read over the disclosure but when my name was called up the prosecutor just asked if the cop was there which he wasn't.
I would like to thank everyone on these forums for helping me out. I recommend this to my friends when they need help as it has helped me.
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: HTA 144(15): Amber Light - Fail To Stop
Congratulations! ![]()
http://www.OntarioTicket.com OR http://www.OHTA.ca
Re: HTA 144(15): Amber Light - Fail To Stop
Congrats on an easy ticket win!
Shows that fighting your tickets are always a worthy cause. Good job on being prepared even when the cop did not show up.
You can always use www.OHTA.ca as a convenient shorthand recommending us to your friend too!
"The hardest thing to explain is the obvious"
Ontario Traffic Ticket | Ontario Highway Traffic Act
Similar Topics
-
-
-
-
-
-
-
-
-
-
-
-
- RED LIGHT-FAIL TO STOP HTA 144(18)
- Posted in Improper right turn
- By atractiva on
- Replies: 2
-
-
-
-
-
-
-
-
-
-
Featured Topics
149km/h on 401 WB Disclosure Notes
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
Speed Trapped
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Fatal error: Speeding 75km/hr in posted 60km/hr zone.
Hi everyone,
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
Does…
DON'T HAVE A CLUE WHAT TO DO!
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
HTA s. 144(18)
Traffic stop in scarborough, ontario
I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I…
123km/h in a 70km/h
Just got this last night on my way to guelph.
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
Case Law- Disclosure of only testing pages of radar manual
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
The most recent that I can find is:
Thunder Bay (City) v. Millar, 2009 ONCJ 485 canlii.ca/t/264d2
This case is…
Drive While Under Suspension "Force Fatal Error"
So I was pulled over early in the AM. I was picked off in a line of cars for speeding. Lucky me!
Anyways I got 3 summons for Drive Under Suspension and 1 summons for speeding.
I didn'e have my wallet on me so was unable to present any photo id. Also, the car I was driving was a friend of mine.
The officer has incorrectly misspelled my first and last name. Also my address is wrong, I haven't lived at…
misspelled offence for failing to stop at a stop sign
Hello,
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
3 Tickets
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
189km in 100 posted zone. Stunt driving and having cannabis readily available in vehicle
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Bottom line, 1 pound of cannabis was found in my…
49 over in dvp
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
Improper Mudguards?
Good evening everyone,
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
FTC ticket: rear-ended the lady but no damage
Hi,
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
Someone took a photo of my license plate
Hi,
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
Disobey Sign 182(2)
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
Disobey Sign HTA 182(2) - No Straight Through Intersection
Hello OHTA Forum,
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Discussion - Front license plate
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
It is hopeless to fight a ticket at Ontario Traffic court
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Newcomer Needs Advice
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was not charged with any…
licensed in another province at time of suspension
I have an unusual situation.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
What the rules are for Pedestrians, Roller Bladers and Cyclists at a 4-way stop?
I'm wondering what the rules are for Pedestrians, Roller Bladers and Cyclists at a 4-way stop?
I know it sounds like a simple question. But I'm seeing things that are making me wonder what the exact rules are.
Case law regarding a justice or prosecutor changing a charge
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
Legality of Mohawks on helmets
I've seen a few younger riders with those mohawks on their helmets and was wondering if that's in some sort of violation of the HTA.
As for me, it's bad enough that I ride a supersport with blown muffler packing. I don't need any more attention ![]()
FAIL STOP FOR SCHOOL BUS-OWNER
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…
