It's probably too late now as I have my trial in 13 hours, however, thought I'd post anyway. I was travelling on a road (at speed limit). The traffic light turned yellow but I felt that I didn't have enough time to stop so I continued through the intersection (no change in speed). The light turned red as I was going through the intersection. I immediately noticed an unmarked police car parked on the opposite side of the intersection (facing me) about 2-3 car lengths back. As I passed him, he did a U-turn and pulled me over. He explained that my ticket was for running a red light. He also said that when the light turned yellow, I sped up and by the time I entered the intersection, the light was red (I think his words were "we saw you speed up when the light turned yellow" which leads me to think he has a witness although I did not look into his car to see if someone else was there). I retorted by telling him that I did not increase my speed and the light didn't turn red until I was in the intersection. I also mentioned that I felt that I was too close to the intersection to stop safely. He stated that he was at that intersection specifically to watch for red light runners as the area (know for having several bars) is known for having intoxicated people walking around. I saw noone. Anyway, the way I see it, it's my word against his (and possibly a witness). Does anyone have any insight please? Aside from the defense above, could I possibly use the "right to a speedy trial defense"? It's been 8 months since the ticket was issued and just over 6 months since the notice of Trial was issued. Also, the information on the ticket itself is correct, however, the notice of trial states that the alleged infraction occurred at 11:15am on that given day. The actual time of the alleged infraction occurred at 1:15am Any thoughts here would be most appreciated.
It's probably too late now as I have my trial in 13 hours, however, thought I'd post anyway.
I was travelling on a road (at speed limit). The traffic light turned yellow but I felt that I didn't have enough time to stop so I continued through the intersection (no change in speed). The light turned red as I was going through the intersection. I immediately noticed an unmarked police car parked on the opposite side of the intersection (facing me) about 2-3 car lengths back. As I passed him, he did a U-turn and pulled me over. He explained that my ticket was for running a red light. He also said that when the light turned yellow, I sped up and by the time I entered the intersection, the light was red (I think his words were "we saw you speed up when the light turned yellow" which leads me to think he has a witness although I did not look into his car to see if someone else was there). I retorted by telling him that I did not increase my speed and the light didn't turn red until I was in the intersection. I also mentioned that I felt that I was too close to the intersection to stop safely. He stated that he was at that intersection specifically to watch for red light runners as the area (know for having several bars) is known for having intoxicated people walking around. I saw noone.
Anyway, the way I see it, it's my word against his (and possibly a witness). Does anyone have any insight please?
Aside from the defense above, could I possibly use the "right to a speedy trial defense"? It's been 8 months since the ticket was issued and just over 6 months since the notice of Trial was issued.
Also, the information on the ticket itself is correct, however, the notice of trial states that the alleged infraction occurred at 11:15am on that given day. The actual time of the alleged infraction occurred at 1:15am
Well....the officer showed up and given that I didn't file for disclosure (wish I knew about that sooner), I was second guessing whether or not I was right in fighting this ticket. The prosecutor advised me that the police officer had a clear line of sigth the whole time. He offered me fail to stop at amber light (same points, same fine) different subsection, so I took it.
Well....the officer showed up and given that I didn't file for disclosure (wish I knew about that sooner), I was second guessing whether or not I was right in fighting this ticket. The prosecutor advised me that the police officer had a clear line of sigth the whole time. He offered me fail to stop at amber light (same points, same fine) different subsection, so I took it.
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Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
