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 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…