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Ontario Highway Traffic Act

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inaccurately charged with 144 (18)
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PostPosted: Mon Sep 14, 2009 7:30 pm 
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I was pulled over after turning right on a red light despite a sign indicating it was not allowed. The officer who pulled me over told me that this was what I was being ticketed for. However, the ticket reads "red light fail to stop 144 (18) " which is a different offense. I believe the charge should have been 144 (9).

Is this enough reason to have the ticket dismissed? Can they dismiss one charge and replace it with another charge, or do they have to dismiss it completely? How should I proceed? Should I check the box for a trial, as well as the box for challenging the evidence? (I live in a small city, so the officer will probably have time to come to court.)

If the charge holds, would these be valid reasons to reduce or dismiss the charge?
1. large number of signs close together making it visually cluttered so drivers do not notice individual signs
2. traffic light and no turn on red sign are both very new (due to construction that has just begun)
3. officer indicated they were having a lot of problems with right turns on red there, indicating that other drivers are also not noticing the signs (perhaps there is a way to find out how many tickets have been issued since the signs went up)
4. I have never had a ticket in 27 years of driving, nor even been pulled over


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PostPosted: Mon Sep 14, 2009 8:31 pm 
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Location: Orillia
Did you come to a complete stop at the stop line? If not, I think the charge will hold.

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PostPosted: Mon Sep 14, 2009 10:12 pm 
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Yes, I'm quite sure I did.


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PostPosted: Mon Sep 14, 2009 10:21 pm 
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Joined: Tue Jan 22, 2008 9:38 pm
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Location: Stratford, Ontario
He made a mistake. He wrote the wrong section down. Don't bring it to anyone's attention 'till your trial. Wave off all plea offers by the JP. Can't decide if I'd request disclosure or not.......... ya, but not until I've received my court date in the mail.

Ask one question of the officer (on the stand):
"Did I come to a complete stop at the red light?"

Closing Argument:
"I am here to defend myself against the charge as shown on the charging document and only that as shown on the charging document. The crown has failed to show that I did not stop at the subject red light."

That's what I'd do anyway ;)


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