Highway Traffic Act S. 144(18) Ticket, Fail To Stop Red Light

Hello all, in December I was at fault for an accident due to running a red light. I called the police and gave the officer my story. I was driving on the road, and did not even notice the intersection until I was already in it. The intersection was a bit "sketchy" I thought, because the lights were so low. Within the next few days I thought that the Highway Traffic Act must have a regulation for height, and I went to measure. Neither of the lights were hanging over the intersection. Because both the lights were at the side, and since I was looking straight ahead I think I perceived a green light due to the intersection about 400-500 m up ahead. This intersection is up a slight hill and has the lights at 5.0 m above the roadway.

The light on the left was in accordance with the law as it was 2.75 m off the ground. However, the on on the right was 2.1 m off the ground which is not in accordance with O. Reg. 626, s. 1 (5). I think the light on the right was a Temporary Traffic Signal put up around August due to a truck driver taking out the normal light and was fixed about two weeks after my accident. Due to the above Regulation the light was illicit. O. Reg. 626, s. 1 (4), when it speaks of Traffic Signal Systems it says, "at least one of which shall be located on the far right side." Does the right hand light being illicit make the whole intersection illicit due to this?

I have photos of the intersection, videos and photos of my measurements, and a video approaching from out of town showing there is no signage for a temporary light or construction. There are only pylons around the light base.

The Prosecution has offered to drop the charge to a disobey lane light, HTA 144(10) but I am unsure if I should take this I think it would still show up on my MTO. I am wondering if anyone thinks I have a chance to get it dropped in court.

Thanks and God Bless,

Alex T

What was the original charge (the charge before the offer from the prosecution)?

It was 144(18) red light fail to stop, $300 and 3 points but they offered to drop it to 144(10) disobey lane light for $100 and no points.