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Obeying lane lights HTA 144(10)
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PostPosted: Thu Jan 26, 2012 3:58 pm 
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Newbie

Joined: Thu Jan 26, 2012 2:31 pm
Posts: 4
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.


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Re: Obeying lane lights HTA 144(10)
PostPosted: Thu Jan 26, 2012 6:02 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
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?


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Re: Obeying lane lights HTA 144(10)
PostPosted: Thu Jan 26, 2012 8:06 pm 
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Joined: Thu Jan 26, 2012 2:31 pm
Posts: 4
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?


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Re: Obeying lane lights HTA 144(10)
PostPosted: Fri Jan 27, 2012 2:05 am 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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


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