I ran through an amber light (thinking I had enough time and could make it safely across) but hit the red 10 feet away. Unfortunately there was a police officer there to view this event who proceeded to give me a ticket. I thought I could make it across (144 (15) states to proceed with caution if it is amber and cannot stop). Other than these details, there is little else to state. Is this something I ask disclosure for and go to Option 3? thanks,
I ran through an amber light (thinking I had enough time and could make it safely across) but hit the red 10 feet away. Unfortunately there was a police officer there to view this event who proceeded to give me a ticket. I thought I could make it across (144 (15) states to proceed with caution if it is amber and cannot stop). Other than these details, there is little else to state. Is this something I ask disclosure for and go to Option 3?
Failing to stop for a red light is an absolute liability offence, meaning the only defence is one of necessity. Since that certainly doesn't sound like the case, the other option is to try and raise reasonable doubt at trial. You can request option 3 for any offence and seek disclosure. Disclosure for this type of charge would consist of little more than the officer's notes. If you have no court room experience and the officer is reasonably competent, you'd probably have a hard time winning. Best to seek legal representation if you're adamant about fighting it. The other option is to request a first attendance meeting and see if the Crown will offer you a plea to a lesser charge.
Failing to stop for a red light is an absolute liability offence, meaning the only defence is one of necessity. Since that certainly doesn't sound like the case, the other option is to try and raise reasonable doubt at trial.
You can request option 3 for any offence and seek disclosure. Disclosure for this type of charge would consist of little more than the officer's notes. If you have no court room experience and the officer is reasonably competent, you'd probably have a hard time winning. Best to seek legal representation if you're adamant about fighting it. The other option is to request a first attendance meeting and see if the Crown will offer you a plea to a lesser charge.
Sorry, I'm a little confused by your first post. Was the light amber or red when you entered the intersection? And were you charged with a red light offence or an amber light offence? If you entered on an amber light, then it's a strict liability offence, making it easier to dispute. That means if you showed due diligence (couldn't safely stop, didn't suddenly floor it to go through), you have a defence. If the officer charged you with a red light offence but you entered on the amber, that means the charge should be dropped since it's incorrect. Of course if the officer charged you with a red light offence, he probably believes you entered on the red. If his notes however say you entered on the amber light, the Crown should simply drop the charge.
Sorry, I'm a little confused by your first post. Was the light amber or red when you entered the intersection? And were you charged with a red light offence or an amber light offence?
If you entered on an amber light, then it's a strict liability offence, making it easier to dispute. That means if you showed due diligence (couldn't safely stop, didn't suddenly floor it to go through), you have a defence. If the officer charged you with a red light offence but you entered on the amber, that means the charge should be dropped since it's incorrect. Of course if the officer charged you with a red light offence, he probably believes you entered on the red. If his notes however say you entered on the amber light, the Crown should simply drop the charge.
I entered on the yellow (amber) and it turned red while I was running it. Yes, I probably did speed up but I figured I had enough time to make it through. I was charged with "red light. failed to stop". Does that clarify it? What would your next course of action be?
I entered on the yellow (amber) and it turned red while I was running it. Yes, I probably did speed up but I figured I had enough time to make it through. I was charged with "red light. failed to stop". Does that clarify it? What would your next course of action be?
Normally if you can show you were given the wrong charge, the prosecutor will withdraw it. I'm guessing in your case however, the officer probably believes you entered on the red light. Request disclosure so that you can get a copy of his notes and see what they say. If they DO show you entered on an amber, you're in luck. If not, you'll have to go to trial and present your version of events and hopefully the JP will find enough reasonable doubt for a finding of not guilty. Speeding up to go through the amber probably wasn't a good idea, and caught the officer's attention. Based on what you've said, the officer would have had pretty strong case against you for just the amber light charge. Remember, the goal is to stop, not to try and make it through. If you're accelerating, it makes it harder to argue you were unable to stop AND proceeding with caution.
Normally if you can show you were given the wrong charge, the prosecutor will withdraw it. I'm guessing in your case however, the officer probably believes you entered on the red light. Request disclosure so that you can get a copy of his notes and see what they say. If they DO show you entered on an amber, you're in luck. If not, you'll have to go to trial and present your version of events and hopefully the JP will find enough reasonable doubt for a finding of not guilty.
Speeding up to go through the amber probably wasn't a good idea, and caught the officer's attention. Based on what you've said, the officer would have had pretty strong case against you for just the amber light charge. Remember, the goal is to stop, not to try and make it through. If you're accelerating, it makes it harder to argue you were unable to stop AND proceeding with caution.
I got a speeding ticket on the 401 by Cornwall. The officer said I was going 140 initially then dropped it to 130 (for the record I don't believe for a second I was going 140, that's way faster than I would ever intentionally drive). I filled out the info on the back of the notice to request a…
I was recently charged with stunt driving on a 60kmh road. When I was pulled over, the officer told me I was going almost 100kmh (still 40kmh above the limit) but was charging me for stunt driving because I accelerated quickly from an intersection on an empty road (in a straight line). I know…
what to do about a an illegal right turn onto steeles from staines rd
got the ticket around october of last year
put it to trial
so there is a big mess of cars at this intersection and I see a cop outside standing directing traffic with a huge row of cars pulled over to the side, through…
Are any non-domestic vehicles "pursuit-rated" in North America? Also have the Michigan State Police (this is relevant because apparently they have the most accepted selection/testing process) tested any of them to see if they meet their criteria? Just curious...
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for…
A friend got a ticket Jan. 9th of this year for doing 110 kph in a 90 kph zone, so 20 over.
What should the set fine and total payable read?
It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.
An OPP officer ticketed me claiming I was going 40km/h over the limit (140km/km) on my way home with a few friends on the 401. This is my first ever speeding offense. Although I am sure I was over the limit, I am almost certain that I was not going 40 over, more realistically closer to 30 over. The…
Yesterday night I was charged for stunt driving (excess over 50km/h) and I have a few inquiries. I'm sure you've all heard the same story, but the unmarked cop in an SUV was tailing me for a good 2-3 minutes as I was travelling 120~135 km/h. Then as he came close I decided to boot it up…
I had a speeding ticket in May 2013 which brought me to 9 demerit points out of 15. I received a letter and had to attend an interview. Due to a history of speeding tickets and a previous interview a few years prior, the interviewer decided to put me on zero tolerance for a year. Meaning if I…