HTA 144 (18) - Mississauga

Schnauzer
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HTA 144 (18) - Mississauga

by: Schnauzer on
Mon Aug 08, 2011 4:39 pm

I was just pulled over about an hour ago for a supposed failure to stop at red light. For anyone familiar with the area, I was exiting the Hurontario ramp of the 401 making a left turn onto Hurontario. Because there is so much construction rubble at the intersection, I slowed as I crossed the white line to make the left, crossing the line while the light was still green but noticing that the light turned amber a second or two after I crossed the white line. I was mid-way into the intersection travelling at around 45-50km/h, completing the turn as the light turns red immediately in front of me. The police officer was at the light behind me, and pulled me over in a small artery road shortly after.

Do I have a reasonable defence (re: construction rubble and being 3/4 though the intersection before the light went red)? I'm very distraught as I haven't been pulled over for anything like this :( Any and all advice is very welcome and appreciated!


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by: Stanton on
Mon Aug 08, 2011 5:19 pm

If you're certain the light was still green when you crossed the stop line, you didn't commit any offence. The offence of red light fail to stop requires you to cross the stop line AFTER the light has turned red. If you're already in intersection, you're simply expected to proceed through with caution.

You'll want to selection option 3 for trial and request disclosure to see what the evidence against you is. If the officer's notes match your recollection, the Crown should simply withdraw the charge since no offence was committed. If the officer says you crossed the line after it turned red, you'll have to go to Court and present your version of events. It will then be up to the Justice of the Peace to determine credibility and determine if he finds you guilty.


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by: Schnauzer on
Mon Aug 08, 2011 5:32 pm

Thanks for your input. I was going to go take a picture of the interesection in its current state (with the rocks/sand in the intersection) as additional evidence - do you think this would come in handy?

As for requesting the trial and disclosure, do I need to do anything/specify anything at the time of the trial request?


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by: Radar Identified on
Mon Aug 08, 2011 7:09 pm

Take the photograph - although it's no guarantee of being helpful. When you make the request for the trial, just submit the Notice of Intent to Appear. You do not need to do anything further until a court date is scheduled.

For the disclosure request, what you want to ask for is a copy of the officer's notes, and any photographic/video evidence if it exists. Chances are that you will get the officer's notes only, because in most cases there is not photo/video evidence to be entered. From there, you can determine how to build your case.
* 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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by: Radar Identified on
Tue Aug 16, 2011 5:32 pm

Submit the disclosure request when you get your trial date.
* 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


Schnauzer
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by: Schnauzer on
Sun Aug 28, 2011 10:33 am

Radar Identified wrote:Submit the disclosure request when you get your trial date.
Alrighty, my court date has been scheduled but I don't see any mention of how to go about requesting the officer's notes. Do I need to go to the courthouse to ask for this?

Thank you!


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by: Radar Identified on
Sun Sep 18, 2011 1:54 pm

Check out our "Courts and Procedures" section for the thread on how to submit a disclosure request. It should have most of the answers you're looking for.
* 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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