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The Highway Traffic Act of Ontario states,
"Every driver approaching a traffic control signal showing a circular amber light and facing the light shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution." Ontario Highway Traffic Act Section 144.15
The penalties for disobeying a amber traffic light are the same as if you went through a red traffic light.
Insurance Implications
As well as three demerit point implications, any insurance company will consider a Disobey Amber Light ticket as a serious offence. Insurance companies perceive that a conviction for Disobeying an Amber Light means the driver is driving through intersections on an amber light putting themselves and other drivers at risk of being involved in an accident. Subsequently as an insurance company base an insurance premium on their risk of having to pay out on a claim, expect the insurance company to increase your policy rates for this ticket.
A conviction for a Disobey Red light/Amber light violation stays on a driving record for three years from the date of the offence and will dramatically affect insurance rates.
Going to Traffic Court
There are different issues to take into consideration for an amber light traffic ticket. During the charge of disobey amber light the defendant (driver) has to prove to the court that they "did not believe that they could stop safely before reaching the intersection, so they proceeded through the intersection with caution".
As well as assisting and guiding you through testifying at court, an experienced trial legal representative will be able to properly cross-examine the Police Officer, and prepare and present any legal argument that may arise during the preparation of your court case. As traffic tickets can have a dramatic affect on your insurance rates and demerit points to properly represent yourself and to win your case, court representation is recommended. If you haven't appeared in traffic court previously, ran a trial, or know how to make motions, applications and legal arguments you are at a disadvantage against a government appointed prosecutor and police officer.
There are important issues that the legal representative will want to bring up in the police officer's testimony, like how long was the amber light at the location, where was the vehicle prior to the officers observation of the traffic signals, and what was the colour of the traffic signal when the vehicle entered the intersection.
As with any court case the prosecution has to prove the case beyond a reasonable doubt. At court the police officer has do to their job properly, the prosecution has to properly prepare and present the case and the court system has to fulfill the requirements placed upon them.
Even if the driver acknowledges that they may not have complied with the law the court system may not be able to prove the case. Court cases and traffic tickets are won on legal technicalities every day.
Why Risk Losing? Call For a Free Consultation 1-888-668-8946 or Email Your Request