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Red Light-Proceed before green HTA 144(18)

Posted: Fri May 28, 2010 7:34 pm
by bual
I screwed up. I'm embarrassed.

After a long day at work and while driving home, I came to a full and complete stop at a red traffic light in a four-way intersection.

I spaced it, and treated the red light as a four-way-stop and after looking in both directions and determining that there was no traffic, I proceeded through the intersection before the light turned green.

There was a police vehicle stopped several cars back, facing the opposite direction that I was travelling, and they made a 3-point turn and pulled me over and ticketed me for "Red Light-Proceed before green HTA 144(18 ) ".

I selected to go to trial, requested and received Disclosure which consists of the ticket and a single page of the Officer's notes, which state the facts as indicated above, noting that I was stopped, traffic at intersection was stopped both directions, and that I then proceeded straight through on a red light.

Of course, I'm hoping that the Officer doesn't show up.
And I'm expecting that otherwise, I'll probably be convicted and pay the fine & points.

So... do I have any defense?

The only defense I can come up with is that the Officer cannot testify that the traffic light I was facing was actually Red.
He can only testify that the traffic light *he* was facing, in the opposite direction, was red. He did not proceed through the intersection, and at no point did he observe the traffic light I was facing.
His notes do not indicate that he checked correct operation of the traffic lights at any point after he ticketed me.

comments or suggestions?

Thanks.

Any comments on possible defense?

Posted: Wed Jun 02, 2010 1:39 pm
by bual
my court case is next week.

Does anyone have any comments on the defense that the cop couldn't see *my* traffic light?... just the one facing him?

or... possible alternate, lesser-charge possibilites to ask the prosecutor for?

thanks!

Posted: Wed Jun 02, 2010 6:08 pm
by Radar Identified
If this is in the GTA, the Prosecutor is less likely to offer a deal for this kind of charge. But you may be able to negotiate something like Green Light - Fail to Proceed as Directed, or Disobey Lane Light, or whatever, depending on your driver record, etc.

outcome...

Posted: Fri Jun 11, 2010 1:57 pm
by bual
the Cop showed up for court...

I advised the Prosecutor that I was pleading not guilty.

He offered me the lesser charge of "Improper Stop" under 144(5) with an $80 fine and no points. I accepted the lesser charge.

Thanks to everyone that posts here with advice... you were very helpful!