I was waiting at an intersection, during a green light, to make a left hand turn.
The light turned amber and I waited to for the usual people who run through the light late, scanned the traffic and saw the other cars were stopping.
As I proceeded through behind the late car and van coming through very late (I feel she charged the amber/ran a red) hit the front passenger side of my car.
The police then later gave me a ticket for Failing to Yield at a Through Highway under 136.1.b.
Is this even correct? Everything I've read about this charge has had to do with stop signs and private driveways...does it apply to the situation of an amber light and having a collision occur?
I'm planning on fighting the ticket in court and wanted some opinions on the situation.
I heard from a relative that the justice of the peace has the option of changing the charge if they see fit...some change to the rules b/c the cops have regularly made mistakes in handing out charges in traffic cases...
Has anyone heard of this happening before?
I'm hoping that this case isn't worth the effort or time in altering the charge...
Amendment of information or certificate
34. (1) The court may, at any stage of the proceeding, amend the information or certificate as may be necessary if it appears that the information or certificate,
(a) fails to state or states defectively anything that is requisite to charge the offence;
(b) does not negative an exception that should be negatived; or
(c) is in any way defective in substance or in form.
The rest is here : http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK59
I would hope that what you are initially charged with cannot be amended under this section...that just doesn't seem right to me
NOTHING I SAY ON HERE IS LEGAL ADVICE.
If the Justice of the Peace does amend the charge after the trial begins (or the Prosecutor amends it after six months from the offence date), you can appeal it and the conviction will be quashed.
http://www.OntarioTicket.com OR http://www.OHTA.ca