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Ontario Highway Traffic Act

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Red Light Camera Ticket
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PostPosted: Sat May 22, 2010 2:55 pm 
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Joined: Sat May 22, 2010 2:42 pm
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Hello Everyone,

I received a red light traffic camera ticket for $320. As shown in the pictures below, I clearly failed to stop at the red light. I have a few questions for you:

1) Given that the ticket is in the name of my mother (owner of the car), can I still fight it since I was driving or does she have to?

2) Should I plead not guilty?

3) If so, what possible defences can I use? - I truly don't remember breaking a red light.

4) Is it worth while to plead guilty and ask for a reduction due to financial reasons?

http://img42.imageshack.us/i/redlight1.jpg/
http://img41.imageshack.us/i/redlight2.jpg/

Thanks.


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Re: Red Light Camera Ticket
PostPosted: Mon May 24, 2010 10:07 pm 
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Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
Red Light Camera wrote:
Hello Everyone,

I received a red light traffic camera ticket for $320. As shown in the pictures below, I clearly failed to stop at the red light. I have a few questions for you:

1) Given that the ticket is in the name of my mother (owner of the car), can I still fight it since I was driving or does she have to?
You can act as her representative if she gives you written authorization, as long as you meet the exceptions in Bylaw 4 of the Law Society Act for not needing to be licenced

2) Should I plead not guilty?
That's up to you...ARE you guilty?

3) If so, what possible defences can I use? - I truly don't remember breaking a red light.
You could raise a due diligence defence if you can actually say that you did everything possible to avoid committing the offence.

4) Is it worth while to plead guilty and ask for a reduction due to financial reasons?
If you take the opportunity to plead guilty at the first opportunity the court usually takes that into consideration favourably along with your financial criteria to reduce the fine. One big factor involved in this is your record for similar offences.

http://img42.imageshack.us/i/redlight1.jpg/
http://img41.imageshack.us/i/redlight2.jpg/

Thanks.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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similar situation - red light camera ticket
PostPosted: Tue Jun 15, 2010 12:13 am 
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Joined: Tue Jun 15, 2010 12:08 am
Posts: 1
I have recently received a very similar ticket - red light camera system offence notice. On the ticket it says i need to exercise one of the following options within 15 days of notice, but I cannot find a notice date on my ticket, and I am not sure when I received this in the mail since I don't check my mail everyday. I am considering taking option 2 because I cannot honestly afford to pay $325. I am a poor graduate student. How am I suppose to proceed??

any kind of suggestion or help is welcomed

thank you in advance.


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PostPosted: Tue Jun 15, 2010 1:02 am 
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The court will take into account the fact that you chose to plead guilty at the first available opportunity in their consideration of the fine, if you do that. You will be asked to justify to the JP why he or she should lower your fine, however. It's not just automatic because you don't want to pay the full amount so consider how you can articulate your financial situation. In my experience JP's want to hear about things like your income, expenses (fixed and variable), who you are responsible for supporting (spouse and children), where you spend your money (i.e. school or other non-consumer expenses), etc, to help them justify the reduced fee.

You could also choose option 3 to speak with a prosecutor and talk with them about what they are willing to offer by way of a joint submission to the JP as to penalty, in exchange for a guilty plea at the first appearance.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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