Search found 8 matches

by AlphaDog
Mon Jun 26, 2017 2:51 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 11338

Re: Failure to Stop at Red Light Defense?

I filed for the court date; just got a letter back saying the cop didn't file the ticket within 7 days so it's dropped. Thanks for the advice everyone
by AlphaDog
Sun Jun 11, 2017 9:13 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 11338

Court Fee

Back story: got a fail to stop at red light ticket, set fine $260, total payable $320. Was told in my previous thread that this was incorrect, it should be $325, it appears the court fee is missing.

So my questions:
1) will there be a court fee in the ticket even if it is presented by the police officer at the scene?
2) should I just not respond to the ticket, let it default and then appeal it?
3) does anyone have any experience with doing this?

Thanks!
by AlphaDog
Sun Jun 11, 2017 9:05 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 11338

Re: Failure to Stop at Red Light Defense?

How can you tell that the fine amount is incorrect? The set fines for each offence are listed on the Ontario Court of Justice website: http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-43/ Then you have to add in the victim surcharge which is listed here: https://www.ontario.ca/laws/regulation/000161 Then on top of that there should be a $5 court fee listed here in the table of costs: https://www.ontario.ca/laws/regulation/900945 So for a red light ticket you should have a set fine of $260 plus a victim surcharge of $60 plus a court fee of $5 for a total of $325. I read ...
by AlphaDog
Sun Jun 11, 2017 6:17 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 11338

Re: Failure to Stop at Red Light Defense?

How can you tell that the fine amount is incorrect? The set fines for each offence are listed on the Ontario Court of Justice website: http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-43/ Then you have to add in the victim surcharge which is listed here: https://www.ontario.ca/laws/regulation/000161 Then on top of that there should be a $5 court fee listed here in the table of costs: https://www.ontario.ca/laws/regulation/900945 So for a red light ticket you should have a set fine of $260 plus a victim surcharge of $60 plus a court fee of $5 for a total of $325. I read ...
by AlphaDog
Sun Jun 11, 2017 12:04 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 11338

Re: Failure to Stop at Red Light Defense?

Mens rea does not matter for provincial offences. This is not a criminal matter. How far into the intersection were you? If you were just a little across the line and, say, blocking part of the pedestrian crossing area, many police officers wouldn't bother you. Unfortunately, the drivers behind you weren't polite enough to give you room to back up (also, unfortunately, impoliteness is not an offence). Once you actually proceeded through the intersection, however, you eliminated any benefit of the doubt the officer may have given you. For what it's worth, I hate lights on highways, such as Hig...
by AlphaDog
Thu Jun 08, 2017 4:30 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 11338

Re: Failure to Stop at Red Light Defense?

Mens rea does not matter for provincial offences. This is not a criminal matter. How far into the intersection were you? If you were just a little across the line and, say, blocking part of the pedestrian crossing area, many police officers wouldn't bother you. Unfortunately, the drivers behind you weren't polite enough to give you room to back up (also, unfortunately, impoliteness is not an offence). Once you actually proceeded through the intersection, however, you eliminated any benefit of the doubt the officer may have given you. For what it's worth, I hate lights on highways, such as Hig...
by AlphaDog
Wed Jun 07, 2017 11:39 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 11338

Re: Failure to Stop at Red Light Defense?

daggx wrote:Shouldn't the total payable for fail to stop red light be $325?
The ticket says $320

And it was given to me directly by the officer when he pulled me over.
by AlphaDog
Wed Jun 07, 2017 7:09 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to Stop at Red Light Defense?
Replies: 22
Views: 11338

Failure to Stop at Red Light Defense?

Today I received a $320 ticket for failing to stop at a red light. I was driving on the highway, the light turned yellow and I didn't slow down in time. I did slow down and come to a complete stop, I was partially in the intersection and couldn't back up due to other vehicles behind me so I carefully proceeded through as to not block traffic going through the lights; assuming the OPP officer caught this on his dash cam his video would reflect that I did come to a complete stop. Could this help my defense? And is it possible to use the defense of due diligence on a failure to stop at a red ligh...

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