Fail to Stop at Red Light - but wrong charge?

Snoope
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Fail to Stop at Red Light - but wrong charge?

Unread post by Snoope »

I got busted for running a red light, however it doesn't seem correct to me. I come to an intersection. The light is red. I come to a complete stop. I turn right (while the light is still red) and proceed. I get pulled over. The officer tells me there is a sign there that prohibits a right turn on a red (he was correct, I missed it). But he writes me a fail to stop at a red light ticket. Shouldn't it be a disobey sign or unsafe turn violation? Can a charge be simply changed in court to a different charge to suit the situation? Or can my ticket be thrown out completely with no new charge refiled?


EphOph
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Re: Fail to Stop at Red Light - but wrong charge?

Unread post by EphOph »

The officer has 6 months from the offence date to withdraw the charge and re-issue the correct charge. File for a trial, when you get your trial date request disclosure. If the officer's notes reflect the wrong charge (he wrote that you stopped) and your trial is at least 6 months after the offence date, the prosecutor should withdraw the charge. If your trial date is LESS than 6 months, you will have to ask for an adjournment. If your trial starts I believe this is where they could amend the certificate to the correct charge also.


jsherk
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Re: Fail to Stop at Red Light - but wrong charge?

Unread post by jsherk »

It sounds like the wrong charge. Did you actually stop? If you actually stopped then you can beat this charge.

Plead not guilty and request a trial with the officer present. Once you get your notice of trial, request disclosure (officers notes). Once you get the officers notes, scan and post here with personal/officer info blacked out and we will confirm that it is beatable.
+++ This is not legal advice, only my opinion +++


Snoope
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Re: Fail to Stop at Red Light - but wrong charge?

Unread post by Snoope »

Thanks guys for the great advice. I requested a trial right away. I'm awaiting a notice of date. I'll post an update when disclosure arrives. Thanks.


Snoope
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Re: Fail to Stop at Red Light - but wrong charge?

Unread post by Snoope »

Just a small update: I was charged in December 2016. Its now November 2017 and still haven't received my trial notice. Seems a little bit odd no?


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highwaystar
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Re: Fail to Stop at Red Light - but wrong charge?

Unread post by highwaystar »

Have you called in to see if they mailed your notice already? It might have already been sent and you just didn't get it (i.e. lost in transit). For all you know, you coulld have already even been found not wanting to dispute the charge for failing to show up for your trial. I would follow up to make sure all is fine.


Snoope
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Re: Fail to Stop at Red Light - but wrong charge?

Unread post by Snoope »

Good point. However, I just renewed my DL and there was no issue.


Snoope
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Re: Fail to Stop at Red Light - but wrong charge?

Unread post by Snoope »

I always (perhaps paranoid) thought that calling in or checking online would trigger someone to say "Whoa! Look at this one! Whats going on here? Lets get er' moving!".


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