Hi. Got ticket under 144 (10) for allegedly going through red light. Got a court date scheduled. Couple of question please: 1. I can't find case law to research previous cases specifically involving 144(10) on CanLII ? 2. Disclosure was provided and is only cops notes. Says I wen't through red. Could I argue wrong charge should be 144(18)? Besides, What is legal definition of "lane light". 3. I am representing myself. Can you confirm I do not have to take stand if I choose not to? 4. No vehicle description on ticket. Could I argue wrong vehicle stopped? Thanks All.
Hi.
Got ticket under 144 (10) for allegedly going through red light. Got a court date scheduled.
Couple of question please:
1. I can't find case law to research previous cases specifically involving 144(10) on CanLII ?
2. Disclosure was provided and is only cops notes. Says I wen't through red. Could I argue wrong charge should be 144(18)? Besides, What is legal definition of "lane light".
3. I am representing myself. Can you confirm I do not have to take stand if I choose not to?
4. No vehicle description on ticket. Could I argue wrong vehicle stopped?
2) Lane light would be a traffic light that is specific to a certain lane. I.e. a separate light for the left turn lane. 3) Correct. You can simply challenge the evidence the Crown presents and question their witness. You just wouldn't be able to present your version of events without testifying. 4) Possibly, though tickets don't have a location to record vehicle description. Is there nothing in the officer's notes?
2) Lane light would be a traffic light that is specific to a certain lane. I.e. a separate light for the left turn lane.
3) Correct. You can simply challenge the evidence the Crown presents and question their witness. You just wouldn't be able to present your version of events without testifying.
4) Possibly, though tickets don't have a location to record vehicle description. Is there nothing in the officer's notes?
Thanks for your reply Stanton :D 2. No lane light. Just regular traffic light (red, yellow, green). I think he chose 144 (10) so I wouldnt loose points or fight it. Thought I could argue wrong charge? Or by your explanation of "lane light" could I say no "lane light" exits? 4. Officers notes have no description of vehicle at all. Says that he observed me going through red and he had clear sight and did not loose sight of vehicle. My understanding is that they are supposed to have independent recollection of events. I plan to ask for description of my car (ie. make, model, colour) I would make a suggestion to court he could have stopped the wrong car. Do you think I have a chance if he can't remember?
Thanks for your reply Stanton
2. No lane light. Just regular traffic light (red, yellow, green). I think he chose 144 (10) so I wouldnt loose points or fight it. Thought I could argue wrong charge? Or by your explanation of "lane light" could I say no "lane light" exits?
4. Officers notes have no description of vehicle at all. Says that he observed me going through red and he had clear sight and did not loose sight of vehicle. My understanding is that they are supposed to have independent recollection of events. I plan to ask for description of my car (ie. make, model, colour) I would make a suggestion to court he could have stopped the wrong car. Do you think I have a chance if he can't remember?
Sounds, indeed, like the officer knocked the charge down to Disobey Lane Light instead of Red Light - Fail To Stop.
Sounds, indeed, like the officer knocked the charge down to Disobey Lane Light instead of Red Light - Fail To Stop.
* 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
i lost my license in an accident i had to due my exceeding amount of demerit points. i went to jail and made bail i was put on a curfew of 9am to 9pm stupidly enough i did not follow and i got pulled over for driving with a different cars license plates, no insurance, and violating my curfew... i…
I was charged for disobey sign (no left turn) in a winter noon time around Bay/Edward (the prosecutor/judge said it to be a Absolute liability offences but disobey sign is actually a strict liability offence, right? And I found this: For example, if you made an illegal left-turn where there were…
so got fined with 69km in a 50km, at bottom of hill...didn't even have foot on the gas. first ticket ever in over 10 years of driving. fine was 62$ and 3 points.
cop says take to court and get demerit points reduced. didn't even let me speak and walks away.
On my way to work today I got a 110 dollar ticket + 2 demerit points.
I was driving north on Bathurst and turned left onto a side street into a residential area before hitting the lights at Eglinton and Bathurst. I normally do this to avoid the big line up to turn left onto Eglinton.
On the 400 extension EB towards Barrie cops like to hide out under an over pass that is Ski Trails Rd. They tag people as the come over the crest of the hill and that is 900m from where this officer was standing.
I'm confused because I knew this, saw the cop, and checked my…
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of…
Today i got caught doing 115 in a 90 at Mayfield and 410 and what I have been reading is that this offence is 3 points. Seeing this is my first offence I'm unsure if the ticket is supposed to I lost 3 points or is that just automatic. Also should I go to fight it to drop the points and just pay the…
I was (recently) involved in a traffic accident where, due to icy road conditions, I slid into oncoming traffic while making a right turn, while they were coming towards me and stopping at a stop sign. This was a residential area and there's no way I was exceeding anything over 20KM/h on…
