My daughter was charged with section 144 (19) tonight for turning left on red light. She says it was green. It is written on the ticket as ....Turn on red light...fail to yield. She has her G2. The intersection has no one way streets involved at all. My belief is the officer was trying to give her a break and not charge her with 144 (18) which would have been demerit points and a lot more money. Do you think there is any merit in fighting this or would the ticket be amended in court. Great website by the way!
My daughter was charged with section 144 (19) tonight for turning left on red light. She says it was green. It is written on the ticket as ....Turn on red light...fail to yield. She has her G2. The intersection has no one way streets involved at all. My belief is the officer was trying to give her a break and not charge her with 144 (18) which would have been demerit points and a lot more money. Do you think there is any merit in fighting this or would the ticket be amended in court.
I agree that the officer probably reduced the ticket to "Turn on Red - Fail to Yield" to avoid the fine/points, basically a break for a newer driver. If he'd given her Red Light - Fail to Stop or Red Light - Proceed Before Green, that would've been $325 total payable and 3 points, plus a big insurance hit. There is a chance that the Prosecutor could withdraw the original charge and replace it with something else. How likely is it? Depends on the jurisdiction. Toronto/GTA or Ottawa: Not likely, but possible. Other cities: 50/50. Rural Ontario: Almost certain. If you really did want to pursue it, you could file for a trial date and get the officer's notes to see his version of events. Unless there was another vehicle involved, 144 (19) wouldn't really apply, so if it went to trial on that charge, you'd probably win. HOWEVER, when you file to fight the ticket, the officer would then brief the Prosecutor on what happened. Then the Prosecutor gets to decide whether or not to amend the charge. They have up to six months from the original infraction to do so. A good Prosecutor is not going to bring a charge to trial unless the officer's evidence supports it. There's a possibility that the officer may not show up, they may take too long to bring the case forward, etc. But all in all, in this case, I'd just suggest either paying the fine, or if you wanted a reduced fine, pick option 2 and see how it goes.
I agree that the officer probably reduced the ticket to "Turn on Red - Fail to Yield" to avoid the fine/points, basically a break for a newer driver. If he'd given her Red Light - Fail to Stop or Red Light - Proceed Before Green, that would've been $325 total payable and 3 points, plus a big insurance hit. There is a chance that the Prosecutor could withdraw the original charge and replace it with something else. How likely is it? Depends on the jurisdiction. Toronto/GTA or Ottawa: Not likely, but possible. Other cities: 50/50. Rural Ontario: Almost certain.
If you really did want to pursue it, you could file for a trial date and get the officer's notes to see his version of events. Unless there was another vehicle involved, 144 (19) wouldn't really apply, so if it went to trial on that charge, you'd probably win. HOWEVER, when you file to fight the ticket, the officer would then brief the Prosecutor on what happened. Then the Prosecutor gets to decide whether or not to amend the charge. They have up to six months from the original infraction to do so. A good Prosecutor is not going to bring a charge to trial unless the officer's evidence supports it. There's a possibility that the officer may not show up, they may take too long to bring the case forward, etc.
But all in all, in this case, I'd just suggest either paying the fine, or if you wanted a reduced fine, pick option 2 and see how it goes.
* 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
I have a lot of issues with the idea that speed measuring devices like radar and lidar guns are using computer generated simulations to test themselves that they are working properly. The manufacturer is making a claim that a device can test itself. Where's the proof that it works?
I was pulled over a couple days ago going down a steep incline on my way to Cobourg. In order to get up a hill in my vehicle, I have to go at least 90 or it gets stuck between gears and then when I was going down the hill I wasn't riding my brake or touching the gas, it just gained speed. When I…
Question, mrsbobajob, a while ago, went to a sleep went to a sleep clinics, due to snoring, not sure if sleep apnea. Now someone told her that if she does have SA, her insurance needs to know and it will go on her license. So she didnt go to pick up her report.
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS…
alright well last night (march 19th) at 12:55 am i had recieved 2 tickets the first was failing to stop at a stop sign (i did a rolling stop) and it was dated the 19th the second ticket that i got at the exact same time was dated the 18th. The second one was because i had a blood alcohol level of…
I received a speeding ticket for 15 over in York Region. The officer issued me a ticket for someone else[wrong DL info on ticket] but for correct charge and amount. The ticket was not hand written but computer generated. I am concerned how to proceed with this as well as if the officer issued my…
i was in a road traffic accident on friday. a guy pulled out of a side road onto a main highway in front of me. i hit him in the middle of the road but was swerving left to hit him on the front and not cause a major accident. i was charged with failing to drive in a marked lane and he was charged…
i have a g2 license which was suspended for driving without a g1 driver for 30 days and my insurance cancel me . after i receive my letter to remove suspend, i got in an accident and now receive a notice to go to the police station
I was issued a Summons to Defendant, Section 7.1.b, and now I got to appear in court. Where could I find information on set fine amounts or the maximum punishment? Is it normal to be dragged to court for plate not properly displayed? After all, it is not a moving violation, and I wasnt endangering…