Hi all, I was perusing this site after being given my first ever road-side ticket tonight around 9 PM. I was in Toronto, Scarborough, Sandhurst Circle, turning (right) west onto Finch. The light was definitely amber, and I completed my turn. However, an officer facing Eastbound on Finch immediately pulled a 3 point turn, hit his lights, and pulled me over. He claimed I had failed to stop at the red light. I very confusedly asked if it wasn't an Amber light. He looked up, seeming honestly a bit confused himself, and said "no. It was Red." He then gave me the ticket for 325 dollars total. My issue is mainly just that I *know* it was amber. Even the pedestrian beacon was indicating 4 seconds remaining AFTER I had begun my turn. There were 2 vehicles between myself and the officer, he was in the far right lane facing East; I'm unsure how he was able to make that call with such an obstructed view. I'm sure the officer's dashcam will show that there were two vehicles clearly blocking his line of sight, therefore making his understanding of MY vehicle's movements a bit hazy. Regardless, I feel like, if anything, I could be charged with the lesser offense (cost-wise) of the Fail To Stop - Amber Light. However, I also feel that because of the snowy conditions of the road (I took a picture afterwards of the ground), it would have been unsafe for me to just stop - I may have skidded into the intersection and been awkwardly in both lanes, hence making my turn on an amber light reasonable (??) . I should note (not that this will matter I suppose) that there were no pedestrians and no vehicles coming westbound either (at any notable distance at least). I'm wondering how I might fight this case or if I should even bother at all. Time isn't a factor for me because my work schedule is flexible. I understand a possible Amber light infraction, but this Red light infraction is absurd. If ANYTHING, the light turned red AFTER 7/8ths of my vehicle were in the lane. Does that still count as a Red Light - Fail to Stop? Do I have anything in particular to lose, apart from my time, by going to trial? I'm actually a bit confused as to how this whole process works. I visited ticketcombat and it did clarify a few things. I'm planning on going to the court on Monday morning to request a trial and in general, ask some questions. In some other posts here and on redflag, I've seen different opinions on requesting disclosure as well. Some say that by requesting disclosure, you ensure the police officer will show up. Others seemed to say if you don't, you risk going in without full knowledge of the case against you. I personally think seeing the video footage will clarify a lot for me, mainly about the officer's line of sight. One curious thing... after our interaction ended, I turned back onto the circle (https://goo.gl/maps/Yi0Ok) from McCowan road (northbound) and the officer followed me. I continued on until I reached the SAME intersection where the incident occurred. This time I made sure to fully ultra mega stop before turning. The officer didnt follow and waited for green to continue straight ahead. I'm wondering if he did this just to return to his route or if he did it so his camera can confirm something in case I take it to trial. Any suggestions?, I'm really quite scared of this but I don't want to buckle and plead guilty when I'm not. Thanks for reading and for any replies.
Hi all,
I was perusing this site after being given my first ever road-side ticket tonight around 9 PM.
I was in Toronto, Scarborough, Sandhurst Circle, turning (right) west onto Finch. The light was definitely amber, and I completed my turn. However, an officer facing Eastbound on Finch immediately pulled a 3 point turn, hit his lights, and pulled me over. He claimed I had failed to stop at the red light. I very confusedly asked if it wasn't an Amber light. He looked up, seeming honestly a bit confused himself, and said "no. It was Red." He then gave me the ticket for 325 dollars total.
My issue is mainly just that I *know* it was amber. Even the pedestrian beacon was indicating 4 seconds remaining AFTER I had begun my turn. There were 2 vehicles between myself and the officer, he was in the far right lane facing East; I'm unsure how he was able to make that call with such an obstructed view. I'm sure the officer's dashcam will show that there were two vehicles clearly blocking his line of sight, therefore making his understanding of MY vehicle's movements a bit hazy. Regardless, I feel like, if anything, I could be charged with the lesser offense (cost-wise) of the Fail To Stop - Amber Light.
However, I also feel that because of the snowy conditions of the road (I took a picture afterwards of the ground), it would have been unsafe for me to just stop - I may have skidded into the intersection and been awkwardly in both lanes, hence making my turn on an amber light reasonable (??) . I should note (not that this will matter I suppose) that there were no pedestrians and no vehicles coming westbound either (at any notable distance at least).
I'm wondering how I might fight this case or if I should even bother at all. Time isn't a factor for me because my work schedule is flexible. I understand a possible Amber light infraction, but this Red light infraction is absurd. If ANYTHING, the light turned red AFTER 7/8ths of my vehicle were in the lane. Does that still count as a Red Light - Fail to Stop?
Do I have anything in particular to lose, apart from my time, by going to trial? I'm actually a bit confused as to how this whole process works. I visited ticketcombat and it did clarify a few things. I'm planning on going to the court on Monday morning to request a trial and in general, ask some questions. In some other posts here and on redflag, I've seen different opinions on requesting disclosure as well. Some say that by requesting disclosure, you ensure the police officer will show up. Others seemed to say if you don't, you risk going in without full knowledge of the case against you. I personally think seeing the video footage will clarify a lot for me, mainly about the officer's line of sight.
One curious thing... after our interaction ended, I turned back onto the circle (https://goo.gl/maps/Yi0Ok) from McCowan road (northbound) and the officer followed me. I continued on until I reached the SAME intersection where the incident occurred. This time I made sure to fully ultra mega stop before turning. The officer didnt follow and waited for green to continue straight ahead. I'm wondering if he did this just to return to his route or if he did it so his camera can confirm something in case I take it to trial.
Any suggestions?, I'm really quite scared of this but I don't want to buckle and plead guilty when I'm not. Thanks for reading and for any replies.
If you know it was amber, then simply do the following: 1) Request a trial on the ticket and submit it (within 15 days of the offence date); 2) When you get your Notice of Trial in the mail, immediately request full disclosure from the prosecution about your case, especially the officer's notes and video (if any exists). If video does exist, they will let you come in to their office to view it; 3) Thoroughly review the evidence to see if you can raise reasonable doubt 4) Go to your trial date and don't accept any deal. They may offer you for failing to stop for the amber, but its not an included offence to the actual charge you're facing (fail to stop for the red). So, they know its an all or nothing for them. They have to prove that you were facing a red light before you were on the stop bar or intersection and you didn't stop. Hard to do without evidence of that specific red light and you at the intersection! 5) Plead not guilty at trial. 6) They'll therefore call the officer as the witness. After they are done examining him, politely cross-examine him on his/her location, whether they were in motion, whether they were keeping an eye out for their own light, pedestrians, car speed, road conditions, etc. In other words, walk them through the minutia of how many other distractions they would also be faced with. 7) If you really point out all the inconsistencies (review this site and case law for many other examples), you should be able to be acquitted. In these type of offences, unless the officer is stationary (specifically watching the intersection) or facing the same direction as the accused, then a lot of reasonable doubt can be created so the success rate is usually quite good.
If you know it was amber, then simply do the following:
1) Request a trial on the ticket and submit it (within 15 days of the offence date);
2) When you get your Notice of Trial in the mail, immediately request full disclosure from the prosecution about your case, especially the officer's notes and video (if any exists). If video does exist, they will let you come in to their office to view it;
3) Thoroughly review the evidence to see if you can raise reasonable doubt
4) Go to your trial date and don't accept any deal. They may offer you for failing to stop for the amber, but its not an included offence to the actual charge you're facing (fail to stop for the red). So, they know its an all or nothing for them. They have to prove that you were facing a red light before you were on the stop bar or intersection and you didn't stop. Hard to do without evidence of that specific red light and you at the intersection!
5) Plead not guilty at trial.
6) They'll therefore call the officer as the witness. After they are done examining him, politely cross-examine him on his/her location, whether they were in motion, whether they were keeping an eye out for their own light, pedestrians, car speed, road conditions, etc. In other words, walk them through the minutia of how many other distractions they would also be faced with.
7) If you really point out all the inconsistencies (review this site and case law for many other examples), you should be able to be acquitted.
In these type of offences, unless the officer is stationary (specifically watching the intersection) or facing the same direction as the accused, then a lot of reasonable doubt can be created so the success rate is usually quite good.
Thanks for your input Highwaystar, much appreciated! I'm actually strangely looking forward to this event (some of my students know a little about it and are eager to learn how this all works too). As it stands right now, I'll be following what you've said: file for Trial, await Notice of Trial, immediately file a Request for Disclosure (using the far more specific request form available at ticketcombat) and await the Disclosure package. Do you have any idea how long the police/crown will let me review the material for, particularly the video footage? Is there a particular document that outlines how officers *ought* to be positioned when monitoring an intersection? I'll have to do some serious Googling. If there is such a document, perhaps I'll request to see it in my Disclosure package. I mean, if there's something that explicitly states that for best results or most accurate results they should be facing me or be behind me, then I think violating that would reveal a lack of credibility + the officer's own footage, which I am very sure will show his Line of Sight was clearly obstructed. I've also been reading a lot of different results of what happens if the officer doesn't show up. Some posts seem to say the charge will be dismissed or withdrawn right away, and others are suggesting it's more likely to be adjourned for a better date. If it is adjourned, I should be able to claim that I made extreme exceptions to my own schedule and livelihood to be there for the trial and it's unfair to assume I can repeatedly make these exceptions, especially given however long the wait will be in the first place. Still, I'm not banking on the cop not showing, on disclosure being denied, or having a court date that's 12+ months away to wiggle out of this. Hopefully, if this makes it to the Trial phase, I'll be able to hold my own. Life experience, eh? I'll update this thread as the process moves forward.
Thanks for your input Highwaystar, much appreciated!
I'm actually strangely looking forward to this event (some of my students know a little about it and are eager to learn how this all works too).
As it stands right now, I'll be following what you've said: file for Trial, await Notice of Trial, immediately file a Request for Disclosure (using the far more specific request form available at ticketcombat) and await the Disclosure package.
Do you have any idea how long the police/crown will let me review the material for, particularly the video footage? Is there a particular document that outlines how officers *ought* to be positioned when monitoring an intersection? I'll have to do some serious Googling. If there is such a document, perhaps I'll request to see it in my Disclosure package. I mean, if there's something that explicitly states that for best results or most accurate results they should be facing me or be behind me, then I think violating that would reveal a lack of credibility + the officer's own footage, which I am very sure will show his Line of Sight was clearly obstructed.
I've also been reading a lot of different results of what happens if the officer doesn't show up. Some posts seem to say the charge will be dismissed or withdrawn right away, and others are suggesting it's more likely to be adjourned for a better date. If it is adjourned, I should be able to claim that I made extreme exceptions to my own schedule and livelihood to be there for the trial and it's unfair to assume I can repeatedly make these exceptions, especially given however long the wait will be in the first place.
Still, I'm not banking on the cop not showing, on disclosure being denied, or having a court date that's 12+ months away to wiggle out of this. Hopefully, if this makes it to the Trial phase, I'll be able to hold my own. Life experience, eh? I'll update this thread as the process moves forward.
Generally they will give you all the time that you need to review the footage. You're not watching a feature film, the alleged offence will take place within a couple of seconds. You're most likely just going to view it and take notes. Some jurisdictions give you a USB key or a CD with the video on it, and give you instructions on how to play it. Usually officers have to verify the the traffic lights are operating correctly. They just need line of sight not only to your vehicle's rims/wheels but also to the traffic light you're facing. It's pretty simple, they look at the light then look at you and check to see if you come to a complete stop behind the marked white stop line / crosswalk / edge of intersection (whichever is applicable). Google wouldn't really help you, you're better off searching for cases on CanLII. You're inferring that you're a professor/teacher, then you may have access to LexisNexis if you teach at a University or are an Alumni. There are a lot more cases there that you can absorb. I don't believe the crown has the police's operating procedure for red light right turn enforcement; but it doesn't hurt to ask; you'll most likely have to make a Freedom of Information Request at the officer's department. You can also look up cases of whether that information was disclosed. Keep in mind FOI requests are expensive, and not free like crown disclosure requests. Generally the courts could go two ways about it all, I've been to court where the prosecutor made the case that it was my choice to self-represent myself. If my time and money were so important, I could have had counsel represent me. Busy jurisdictions like Toronto will not adjourn the matter for an officer no-show.
Generally they will give you all the time that you need to review the footage. You're not watching a feature film, the alleged offence will take place within a couple of seconds. You're most likely just going to view it and take notes. Some jurisdictions give you a USB key or a CD with the video on it, and give you instructions on how to play it.
Usually officers have to verify the the traffic lights are operating correctly. They just need line of sight not only to your vehicle's rims/wheels but also to the traffic light you're facing. It's pretty simple, they look at the light then look at you and check to see if you come to a complete stop behind the marked white stop line / crosswalk / edge of intersection (whichever is applicable).
Google wouldn't really help you, you're better off searching for cases on CanLII. You're inferring that you're a professor/teacher, then you may have access to LexisNexis if you teach at a University or are an Alumni. There are a lot more cases there that you can absorb.
I don't believe the crown has the police's operating procedure for red light right turn enforcement; but it doesn't hurt to ask; you'll most likely have to make a Freedom of Information Request at the officer's department. You can also look up cases of whether that information was disclosed. Keep in mind FOI requests are expensive, and not free like crown disclosure requests.
Generally the courts could go two ways about it all, I've been to court where the prosecutor made the case that it was my choice to self-represent myself. If my time and money were so important, I could have had counsel represent me. Busy jurisdictions like Toronto will not adjourn the matter for an officer no-show.
Thanks for your comment iFly, particularly about the FOI. I probably won't go that far to be honest, but after I review the material I'll be able to make a better call about what I do and don't need. I went to the 1530 Markham Road courthouse today around 9:50 AM. Only took about 10 minutes to submit my NOI. Now I just have to wait four months to receive the trial date, hah! I'll have to use the time to look up useful cases on CanLII.
Thanks for your comment iFly, particularly about the FOI. I probably won't go that far to be honest, but after I review the material I'll be able to make a better call about what I do and don't need.
I went to the 1530 Markham Road courthouse today around 9:50 AM. Only took about 10 minutes to submit my NOI. Now I just have to wait four months to receive the trial date, hah! I'll have to use the time to look up useful cases on CanLII.
In regards to the TicketCombat disclosure request form, keep in mind most of what it lists simply doesnt exist in your matter (i.e. witness statements, criminal records, etc.). The only two things you should expect to receive are copy of the officers notes and a copy of the video (should it exist). If upon receiving the notes you find theyre illegible or indecipherable, it would also be appropriate to request a typed copy. Im also not sure how beneficial a FOI request would be. While many police departments might have policies regarding traffic enforcement, it would mainly deal with general safety guidelines (i.e. wearing reflective vests when out in traffic) and wouldnt go into specifics regarding where the officer must specifically be positioned, etc.
In regards to the TicketCombat disclosure request form, keep in mind most of what it lists simply doesnt exist in your matter (i.e. witness statements, criminal records, etc.). The only two things you should expect to receive are copy of the officers notes and a copy of the video (should it exist). If upon receiving the notes you find theyre illegible or indecipherable, it would also be appropriate to request a typed copy.
Im also not sure how beneficial a FOI request would be. While many police departments might have policies regarding traffic enforcement, it would mainly deal with general safety guidelines (i.e. wearing reflective vests when out in traffic) and wouldnt go into specifics regarding where the officer must specifically be positioned, etc.
Hi all, Just an update on my case. I got my disclosure information, the officer's notes today. It was surprisingly easy. I just walked into the courthouse with my request letter and they stamped my copy, and within moments gave me the notes printed. There was no video/audio evidence apparently. Here's the notes: "[My vehicle info] i was positioned in left turn lane of eb finch ave traffic signal controlling eb finch av had just turned green observed above vehicle in sb lane of sandhurst in right lane vehicle approached and entered intersection and made right turn onto wb finch without stopping vehicle stopped on mccowan rd without losing sight driver identified with valid ont dl with photo observed traffic signals for two cycles and found them to be working properly" I'm in a total rut now. A good part of my defense was to point out that the officer was actually in the right lane, not the left turn lane (it's a really small lane) and that there was indeed a vehicle blocking his vision of me. This assumes, of course, that he would tell the truth under oath. But here, he claims he was in the left turn lane, which would mean there's no obstruction. Ultimately, I approached the intersection as the light turned amber, not red, and it turned red after close to half my vehicle entered the intersection. I noticed that he did not make any comments about lighting or weather (it was snowy, I have pictures) and so I'm wondering ifI can use this to cast doubt on the officer's recollections. I really want to expose that he was not where he claimed to be. But it won't be enough to just say "well you're wrong, officer!" obviously. Thanks for any advice you got!
Hi all,
Just an update on my case. I got my disclosure information, the officer's notes today. It was surprisingly easy. I just walked into the courthouse with my request letter and they stamped my copy, and within moments gave me the notes printed. There was no video/audio evidence apparently.
Here's the notes:
"[My vehicle info]
i was positioned in left turn lane of eb finch ave
traffic signal controlling eb finch av had just turned green
observed above vehicle in sb lane of sandhurst in right lane
vehicle approached and entered intersection and made right turn onto wb finch without stopping
vehicle stopped on mccowan rd without losing sight
driver identified with valid ont dl with photo
observed traffic signals for two cycles and found them to be working properly"
I'm in a total rut now. A good part of my defense was to point out that the officer was actually in the right lane, not the left turn lane (it's a really small lane) and that there was indeed a vehicle blocking his vision of me. This assumes, of course, that he would tell the truth under oath. But here, he claims he was in the left turn lane, which would mean there's no obstruction.
Ultimately, I approached the intersection as the light turned amber, not red, and it turned red after close to half my vehicle entered the intersection.
I noticed that he did not make any comments about lighting or weather (it was snowy, I have pictures) and so I'm wondering ifI can use this to cast doubt on the officer's recollections.
I really want to expose that he was not where he claimed to be. But it won't be enough to just say "well you're wrong, officer!" obviously.
I'm not sure what argument you're implying here. (a) Whether or not the officers recollection of the forecast somehow makes his notes questionable or; (b) a previous argument you'd mentioned about how snowy roads would have made it safer for you to continue rather than stopping. I don't think the officers recollection of the forecast is going to have much relevance in proving he was not where he said he was. Also, you're expected to drive accordingly based on the road conditions.
Sanxioned wrote:
I noticed that he did not make any comments about lighting or weather (it was snowy, I have pictures) and so I'm wondering ifI can use this to cast doubt on the officer's recollections.
I really want to expose that he was not where he claimed to be. But it won't be enough to just say "well you're wrong, officer!" obviously.
I'm not sure what argument you're implying here.
(a) Whether or not the officers recollection of the forecast somehow makes his notes questionable or;
(b) a previous argument you'd mentioned about how snowy roads would have made it safer for you to continue rather than stopping.
I don't think the officers recollection of the forecast is going to have much relevance in proving he was not where he said he was.
Also, you're expected to drive accordingly based on the road conditions.
Thanks, Bend. Fair enough. I was just wondering if failure to recollect these sorts of details would possibly be enough to make his observations doubtful in the eyes of a Justice of the Peace. I've been perusing posts here and read through ticketcombat's advice and such, and it seems like a very common piece of advice is that, ultimately, a defendant's purpose is to expose a reasonable doubt in the prosecution's case, i.e. the officer's testimony. It did sound a bit silly to me that an officer's failure to recollect what someone was wearing, for example, would have any bearing on his capacity to remember the incident in question... I suppose, really, if he sticks to his guns and says he was in that left lane, I don't have much. Part of me does feel that he didn't mean left "turn" lane, but just the "left" lane.
Thanks, Bend. Fair enough. I was just wondering if failure to recollect these sorts of details would possibly be enough to make his observations doubtful in the eyes of a Justice of the Peace. I've been perusing posts here and read through ticketcombat's advice and such, and it seems like a very common piece of advice is that, ultimately, a defendant's purpose is to expose a reasonable doubt in the prosecution's case, i.e. the officer's testimony.
It did sound a bit silly to me that an officer's failure to recollect what someone was wearing, for example, would have any bearing on his capacity to remember the incident in question...
I suppose, really, if he sticks to his guns and says he was in that left lane, I don't have much. Part of me does feel that he didn't mean left "turn" lane, but just the "left" lane.
In cross-examination, you can certainly question the officer on where he was, but if he says he was in the left lane then you have no way to prove otherwise. And how do you prove his view was obstructed? Again you can ask him but if he says no it was not, then you are sunk. And was it snowing so hard that visibility was reduced to the point of being hard to see all the way across the intersection? Cross-examination is the time to try and show errors/problems with the officers testimony, but you would need to show a lot of errors or serious errors before it would cast enough reasonable doubt to make a difference. Was it snowy enough that you felt you were going to slide to a stop in the intersection so decided to continue? This might be a defense you could try. Also you have this: "traffic signal controlling eb finch av had just turned green" so the officer testifies here that EB lights turned green but does not mention anything about SB lights or WB lights for that matter, so how does the officer know for sure that the SB was red and/or WB was green when you made the turn. So a good point to bring up in closing argument would be that the officer never testified that your light (the SB light) was red as his notes only state EB light was green. Now if he DOES testify to this when he is in the witness box, then you should object immediately because it is not in his notes. But otherwise you do NOT want to ask him any questions about it because if you ask him about it, then he might say "oh yes, it was red" and then you just lost your advantage. Of course he comments later "observed traffic signals for two cycles and found them to be working properly" but does not make any notes as to what exactly "properly" means. If you are sure it was amber, then you could get on the stand and testify and just say exactly what you said above "I know it was amber. Even the pedestrian beacon was indicating 4 seconds remaining AFTER I had begun my turn." I would NOT mention the part about you asking officer if it was amber and he said it was red... that part will not help you. So the two things you have going for you (which are not a guarantee you will win) are: (1) The officer does not say in his notes that he actually saw your light as being red, and (2) your testimony that the light was amber and pedestrian walk still had 4 seconds on it. So these two things combined MIGHT be enough to bring reasonable doubt.
In cross-examination, you can certainly question the officer on where he was, but if he says he was in the left lane then you have no way to prove otherwise. And how do you prove his view was obstructed? Again you can ask him but if he says no it was not, then you are sunk. And was it snowing so hard that visibility was reduced to the point of being hard to see all the way across the intersection?
Cross-examination is the time to try and show errors/problems with the officers testimony, but you would need to show a lot of errors or serious errors before it would cast enough reasonable doubt to make a difference.
Was it snowy enough that you felt you were going to slide to a stop in the intersection so decided to continue? This might be a defense you could try.
Also you have this: "traffic signal controlling eb finch av had just turned green" so the officer testifies here that EB lights turned green but does not mention anything about SB lights or WB lights for that matter, so how does the officer know for sure that the SB was red and/or WB was green when you made the turn. So a good point to bring up in closing argument would be that the officer never testified that your light (the SB light) was red as his notes only state EB light was green. Now if he DOES testify to this when he is in the witness box, then you should object immediately because it is not in his notes. But otherwise you do NOT want to ask him any questions about it because if you ask him about it, then he might say "oh yes, it was red" and then you just lost your advantage.
Of course he comments later "observed traffic signals for two cycles and found them to be working properly" but does not make any notes as to what exactly "properly" means.
If you are sure it was amber, then you could get on the stand and testify and just say exactly what you said above "I know it was amber. Even the pedestrian beacon was indicating 4 seconds remaining AFTER I had begun my turn." I would NOT mention the part about you asking officer if it was amber and he said it was red... that part will not help you.
So the two things you have going for you (which are not a guarantee you will win) are: (1) The officer does not say in his notes that he actually saw your light as being red, and (2) your testimony that the light was amber and pedestrian walk still had 4 seconds on it.
So these two things combined MIGHT be enough to bring reasonable doubt.
Correct me if i'm wrong, I've only ever seen traffic lights change to amber once the pedestrian beacon is at zero. HTA requires drivers to stop when there is an Amber Light. How can pedestrians have another 4s to cross? Most amber lights for lower speed roadways would be 3s long. http://www.toronto.ca/311/knowledgebase ... 39636.html I can only hazard a guess the 4s beacon was something you may have seen approaching the intersection. I think the crown will be looking for Red Light conviction, whether they change that to an Amber Light during the trial is still possible. I don't believe the snowy conditions is a due diligence defence. Black Ice, Tractor Trailer blowing his air horn advising you to clear the intersection or you're about to get rear-ended. If you can visually see deteriorate weather conditions, you should be driving at a speed that will allow you to safely stop. Telling the courts coming to a stop would not be safe, implies you were driving too fast for the conditions. This case will hinge on your version of events versus the officers. Whoever is the most credible witness, will get the favoured result. Generally, officers are only allowed to use their notes to refresh their memory; they should have an independent recollection of what took place. Him not writing in his notes that he saw the lights that you were facing, is not fatal to the crown's case. He still saw green lights and returned to the intersection to see if all the light cycles were functioning correctly. Keep in mind the crown will also be cross-examining the officer as well. So they might ask whether he saw the light you were facing, and what colour it was.
Correct me if i'm wrong, I've only ever seen traffic lights change to amber once the pedestrian beacon is at zero.
HTA requires drivers to stop when there is an Amber Light. How can pedestrians have another 4s to cross? Most amber lights for lower speed roadways would be 3s long.
I can only hazard a guess the 4s beacon was something you may have seen approaching the intersection.
I think the crown will be looking for Red Light conviction, whether they change that to an Amber Light during the trial is still possible.
I don't believe the snowy conditions is a due diligence defence. Black Ice, Tractor Trailer blowing his air horn advising you to clear the intersection or you're about to get rear-ended.
If you can visually see deteriorate weather conditions, you should be driving at a speed that will allow you to safely stop. Telling the courts coming to a stop would not be safe, implies you were driving too fast for the conditions.
This case will hinge on your version of events versus the officers. Whoever is the most credible witness, will get the favoured result.
Generally, officers are only allowed to use their notes to refresh their memory; they should have an independent recollection of what took place. Him not writing in his notes that he saw the lights that you were facing, is not fatal to the crown's case. He still saw green lights and returned to the intersection to see if all the light cycles were functioning correctly.
Keep in mind the crown will also be cross-examining the officer as well. So they might ask whether he saw the light you were facing, and what colour it was.
Exactly; every traffic light controlled intersection I've encountered, when the pedestrian count down (or flashing red hand) reaches zero (or becomes a solid red hand), the light changes from green to amber.
iFly55 wrote:
Correct me if i'm wrong, I've only ever seen traffic lights change to amber once the pedestrian beacon is at zero.
Exactly; every traffic light controlled intersection I've encountered, when the pedestrian count down (or flashing red hand) reaches zero (or becomes a solid red hand), the light changes from green to amber.
I'd disagree. It's not a defense and the poster should avoid going down this route. This is the "I was speeding because the person behind me was too close, therefore safety" defense. In that example, you'd pull to the side and let the person pass. That's the safest solution. If the roads are covered in snow and creates conditions that make it harder to drive, then you drive according to those conditions. That's the safest solution.
jsherk wrote:
Was it snowy enough that you felt you were going to slide to a stop in the intersection so decided to continue? This might be a defense you could try.
I'd disagree. It's not a defense and the poster should avoid going down this route. This is the "I was speeding because the person behind me was too close, therefore safety" defense.
In that example, you'd pull to the side and let the person pass. That's the safest solution.
If the roads are covered in snow and creates conditions that make it harder to drive, then you drive according to those conditions. That's the safest solution.
About the beacon, yes I should have clarified that it was counting down as I approached the intersection and turned yellow while turning, after the beacon hit zero. I only mentioned it to point out that I wasn't approaching a stale Amber, in which case it could have totally turned red and I'd surely be at fault for not stopping. I only mention the road condition because its the conditions that had me inching through rather than just proceeding at regular turning speeds. I feel that *after* my vehicle turned into the lane at least 80 percent, then the Amber turned red. Though, I suppose the prosecution could just argue that regardless of how much of my car was in the other lane already before the light turned red, I should have stopped? Even if I was well through the EB/WB crosswalk? I'm not saying I stopped when I didn't; I know I didn't stop, but my charge is not stopping for a red light but the light was not red at the time of my turn, before I entered the intersection and executed the turn.
About the beacon, yes I should have clarified that it was counting down as I approached the intersection and turned yellow while turning, after the beacon hit zero. I only mentioned it to point out that I wasn't approaching a stale Amber, in which case it could have totally turned red and I'd surely be at fault for not stopping.
I only mention the road condition because its the conditions that had me inching through rather than just proceeding at regular turning speeds. I feel that *after* my vehicle turned into the lane at least 80 percent, then the Amber turned red.
Though, I suppose the prosecution could just argue that regardless of how much of my car was in the other lane already before the light turned red, I should have stopped? Even if I was well through the EB/WB crosswalk?
I'm not saying I stopped when I didn't; I know I didn't stop, but my charge is not stopping for a red light but the light was not red at the time of my turn, before I entered the intersection and executed the turn.
Hey all, I noticed this thread had over 700 views so I figure I should update it! So I had my trial today, and I was the only person on the roster to plead not guilty. It was strange watching everyone leave until it was just me and my cop. He had 3 other people there challenging tickets. In retrospect I should have used that fact to raise some doubts! Anyway, I totally fumbled when it came to the court procedures. I was under the impression that after my testimony (I testified because I wholeheartedly believe I'm innocent and bc the precedent case I found involves the defendant testifying) I would be able to "mount my defence". I had weather reports, photos, the other case, all things I intnded to use --- but then I was stopped and told I couldnt do that now. So we entered the submissions phase and I basically said I believe my questions have pointed out some errors (the officers notes didnt match what he said in some areas, for example). The prosecutor pointed out that the officer's notes were solid, that his story was clear and crisp compared to mine. Honestly at that point I thought the Justice had come up with his decision of guilty. Instead, he said he needed time to deliberate the case. BUUUT I won't know the judgment until January! Is this normal? I like to think I *at least* gave him something to think about. What a strangely neat experience lol. Pretty sure I lost, regardless though! Now to go buy a dash cam!
Hey all, I noticed this thread had over 700 views so I figure I should update it!
So I had my trial today, and I was the only person on the roster to plead not guilty. It was strange watching everyone leave until it was just me and my cop. He had 3 other people there challenging tickets. In retrospect I should have used that fact to raise some doubts!
Anyway, I totally fumbled when it came to the court procedures. I was under the impression that after my testimony (I testified because I wholeheartedly believe I'm innocent and bc the precedent case I found involves the defendant testifying) I would be able to "mount my defence". I had weather reports, photos, the other case, all things I intnded to use --- but then I was stopped and told I couldnt do that now. So we entered the submissions phase and I basically said I believe my questions have pointed out some errors (the officers notes didnt match what he said in some areas, for example). The prosecutor pointed out that the officer's notes were solid, that his story was clear and crisp compared to mine.
Honestly at that point I thought the Justice had come up with his decision of guilty. Instead, he said he needed time to deliberate the case. BUUUT I won't know the judgment until January! Is this normal? I like to think I *at least* gave him something to think about.
What a strangely neat experience lol. Pretty sure I lost, regardless though! Now to go buy a dash cam!
Well it is a good sign that the JP wants time to deliberate. That means that you did at least give him/her something to think about, but it does not mean that you won. Now usually when I have seen this happens, the JP will take 10 or 15 minutes then come back and give decision. So is it strange that JP put it off until January? Well for a POA case, I would say yes it is a little strange. Although for more complex cases, a JP/Judge can put off their decision for quite a while! When you testify, this is also where you need to mount your defence. When you are on the stand is when you should have submitted reports and photos as this is all your evidence. The other way to get those reports and photos included would have been to use them to question the officer during cross-examination. So if you did not want to testify but wanted that stuff entered, you would have to have gone that route. For any case laws though, you CAN bring those up during your submissions. You can NOT enter new evidence during submissions, but pointing out case law that support your case is not evidence so this is usually done during submissions.
Well it is a good sign that the JP wants time to deliberate. That means that you did at least give him/her something to think about, but it does not mean that you won. Now usually when I have seen this happens, the JP will take 10 or 15 minutes then come back and give decision. So is it strange that JP put it off until January? Well for a POA case, I would say yes it is a little strange. Although for more complex cases, a JP/Judge can put off their decision for quite a while!
When you testify, this is also where you need to mount your defence. When you are on the stand is when you should have submitted reports and photos as this is all your evidence. The other way to get those reports and photos included would have been to use them to question the officer during cross-examination. So if you did not want to testify but wanted that stuff entered, you would have to have gone that route.
For any case laws though, you CAN bring those up during your submissions. You can NOT enter new evidence during submissions, but pointing out case law that support your case is not evidence so this is usually done during submissions.
It just occured to me that you should read the following case: R. v. Rijal, 2010 ONCJ 329 http://canlii.ca/t/2c2px Print a copy out and get a highlighter and go thru it and look for everything referencing the assistance the JP should give a self-represented individual. If you lose the case, you could appeal with one angle being not providing meaningful assistance. For example when you tried to put more evidence in the JP could have offered to put you back on the witness stand but did not make that suggestion to you. Something to consider anyways.
It just occured to me that you should read the following case:
Print a copy out and get a highlighter and go thru it and look for everything referencing the assistance the JP should give a self-represented individual. If you lose the case, you could appeal with one angle being not providing meaningful assistance. For example when you tried to put more evidence in the JP could have offered to put you back on the witness stand but did not make that suggestion to you.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…