RED LIGHT TICKET- POOR WEATHER CONDITIONS?

briennarose
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RED LIGHT TICKET- POOR WEATHER CONDITIONS?

Unread post by briennarose on

I received a ticket in the mail on Christmas eve showing my car going through a red light. It was in Kitchener. I have already pleaded not guilty and said I would meet with someone before the court date. The only reason I didn't stop, was because I was proceeding with caution due to rainy, slippery, wet driving conditions. I drive a rear-wheel drive mustang that had summer tires on it and, in my opinion, it was safer for me to go through slowly than risk stopping and sliding sideways into the middle of the intersection. I printed off the weather network summary from that day of the excessive amount of rain we had been getting, and the pictures clearly show that the pavement is soaking wet. The pictures also show that I am braking as I am going through. Does anyone know if my argument will perhaps cause them to drop the charges or if there is anything more I can do to not have to pay full guilty ticket price?
Thanks,
Brienna


Stanton
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Unread post by Stanton on

Your argument will not cause them to drop the charges. First, you're expected to drive according to the road conditions. If there was heavy rain and your car had summer tires, the Courts would expect you to drive accordingly. In short, a speed that would have allowed you to safely stop for the red light. But more importantly, failing to stop for a red light is what's known as an absolute liability offence. For this type of offence, why you didn't stop doesn't really come into play. The Court is only really interested in if you did or didn't stop.

If you attend Court in person, quite often they will offer a reduction on the fine in exchange for a guilty plea, but I don't see anything in your post to fight the actual charge on.


briennarose
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Unread post by briennarose on

Stanton wrote:Your argument will not cause them to drop the charges. First, you're expected to drive according to the road conditions. If there was heavy rain and your car had summer tires, the Courts would expect you to drive accordingly. In short, a speed that would have allowed you to safely stop for the red light. But more importantly, failing to stop for a red light is what's known as an absolute liability offence. For this type of offence, why you didn't stop doesn't really come into play. The Court is only really interested in if you did or didn't stop.

If you attend Court in person, quite often they will offer a reduction on the fine in exchange for a guilty plea, but I don't see anything in your post to fight the actual charge on.
Thanks, Stanton. I don't know anything about this legal business, but I will definitely attend in person and hopefully they will cut me a break. Every little bit helps!
Also- does it make a difference if I entered the intersection when it was still amber?
Thanks,
Brienna


Stanton
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Unread post by Stanton on

The red light camera wouldn't have activated if had you entered the intersection on an amber. If the photo does show you entering the intersection on an amber, you should fight the ticket since the charge is incorrect.






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