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Posted: Wed Oct 16, 2013 12:29 pm
by dm27
This morning I was pulled over and fined $110 + 2 demerit points as a result of turning right on a red light where it is not permitted. I am 22 years old, I have been licensed for 5 years without any previous offences. In fact this was my first time ever getting pulled over period. My biggest concern are the demerit points. I am unsure whether I should choose option 2 (speak with a prosecutor about an alternative resolution) or option 3 (trial while pleading not guilty). I definitely made the turn with caution of pedestrians and the road conditions. I asked the officer if I could be let off with a warning given that and my clean record but he did not agree to do so. He also pulled over about 3 other vehicles. I am not sure what to proceed and what the likelihood is of the demerit points being forgiven and a reduced fine. I could use as much advice as possible! Please and thank you!


Posted: Wed Oct 16, 2013 7:10 pm
by highwaystar
What specific section were you charged with? If it was disobey sign (182(2)), then you are already at the lowest demerit point offence (i.e. 2 points) for those facts. There is very little room to negotiate, other than reduce the fine. Just know that prosecutors and the court cannot reduce or forgive demerit points---they have absolutely no discretion for such. Demerit points are a Ministry (administrative) procedure; not court penalty. The way reduced points can occur is when they 'amend' the certificate by changing the offence to one that carries lesser demerits. In your case, nothing else fits the fact scenario--disobey sign is already the usual lower charge that is used. So, you can either go to trial and argue that you did NOT make the right turn on the red (i.e. challenge the officer's testimony) or win on a technicality (e.g. fatal error), or attend a resolution meeting and try to get offered a lower fine by the prosecutor.