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Ontario Highway Traffic Act

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Red Light - Fail to stop
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PostPosted: Sat Sep 19, 2009 4:34 pm 
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Joined: Sat Sep 19, 2009 3:15 pm
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Hi I recently got 2 tickets on my way home from work. I was doin the speed limit and I was about 15 feet from the intersection when the light turned yellow. I was going about 50km/h and didn't think I would be able to stop in time so I went through. The officer followed me for about a Kilometer due to being on a 1 lane road and then decided to pull me over. He gave me a ticket for "Red Light - Fail to Stop HTA 144(18)" but when he spoke to me he said "don't you know a yellow light means slow down and prepare for a red light, so why did you think you could go through the intersection if it was yellow?" so he admits it wasn't RED but wrote RED on the ticket. He also proceeded to give me a ticket (C.A.I.A. 3(1)) because my insurance card had expired 2 days previous and I didn't know this because I only got the new one in the mail when I got home after this incident. I just wanted to know if there was any way that I can get out of this ticket.

Also on the "Red Light" Ticket the officer spelled the name of the road incorrectly. Wouldn't that void the ticket because the name he spelled on the ticket is not a road that exists? or if it does exist it doesn't coincide with where the ticket was issued?


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PostPosted: Sat Sep 19, 2009 11:00 pm 
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Joined: Mon Apr 28, 2008 2:23 pm
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Incorrect location according to Ticketcombat site is not a fatal error, so it's not going to be thrown out. However you have a choice of ambushing the cop with the error to discredit him on the witness stand if the case goes to trial.

"Fail to slow down at the amber" charge has a lot of loose ends while "fail to stop at red" is easier to make it stick, so he chose the later.

Fight it the usual way: play hide and seek with the cop, get disclosure, delay the trial...

For the insurance ticket if dealt separately from the other ticket, i guess it can be withdrawn when you show them the real card.


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