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Ontario Highway Traffic Act

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Red Light-Proceed before green HTA 144(18)
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PostPosted: Fri May 28, 2010 7:34 pm 
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Joined: Fri May 28, 2010 5:34 pm
Posts: 7
I screwed up. I'm embarrassed.

After a long day at work and while driving home, I came to a full and complete stop at a red traffic light in a four-way intersection.

I spaced it, and treated the red light as a four-way-stop and after looking in both directions and determining that there was no traffic, I proceeded through the intersection before the light turned green.

There was a police vehicle stopped several cars back, facing the opposite direction that I was travelling, and they made a 3-point turn and pulled me over and ticketed me for "Red Light-Proceed before green HTA 144(18 ) ".

I selected to go to trial, requested and received Disclosure which consists of the ticket and a single page of the Officer's notes, which state the facts as indicated above, noting that I was stopped, traffic at intersection was stopped both directions, and that I then proceeded straight through on a red light.

Of course, I'm hoping that the Officer doesn't show up.
And I'm expecting that otherwise, I'll probably be convicted and pay the fine & points.

So... do I have any defense?

The only defense I can come up with is that the Officer cannot testify that the traffic light I was facing was actually Red.
He can only testify that the traffic light *he* was facing, in the opposite direction, was red. He did not proceed through the intersection, and at no point did he observe the traffic light I was facing.
His notes do not indicate that he checked correct operation of the traffic lights at any point after he ticketed me.

comments or suggestions?

Thanks.


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Any comments on possible defense?
PostPosted: Wed Jun 02, 2010 1:39 pm 
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Joined: Fri May 28, 2010 5:34 pm
Posts: 7
my court case is next week.

Does anyone have any comments on the defense that the cop couldn't see *my* traffic light?... just the one facing him?

or... possible alternate, lesser-charge possibilites to ask the prosecutor for?

thanks!


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PostPosted: Wed Jun 02, 2010 6:08 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
If this is in the GTA, the Prosecutor is less likely to offer a deal for this kind of charge. But you may be able to negotiate something like Green Light - Fail to Proceed as Directed, or Disobey Lane Light, or whatever, depending on your driver record, etc.

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* 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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outcome...
PostPosted: Fri Jun 11, 2010 1:57 pm 
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Joined: Fri May 28, 2010 5:34 pm
Posts: 7
the Cop showed up for court...

I advised the Prosecutor that I was pleading not guilty.

He offered me the lesser charge of "Improper Stop" under 144(5) with an $80 fine and no points. I accepted the lesser charge.

Thanks to everyone that posts here with advice... you were very helpful!


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