OTT | Traffic Tickets

Disobey Red light Traffic Tickets

The Highway Traffic Act of Ontario states,

     "Every driver approaching a traffic control signal showing a circular red indication, or red light and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. "Ontario Highway Traffic Act Section 144.18.

As the wording for Disobeying a Red Light suggests the driver shall stop their vehicle before proceeding through a red traffic signal at an intersection.

Insurance Implications

As well as the demerit point implications, any insurance company will consider a Disobey Red Light ticket as a serious offence. Insurance companies perceive that a conviction for Disobeying a Red Traffic Signal means the driver is driving through intersections on a red traffic signal putting themselves and other drivers at risk of being involved in an accident. Subsequently as an insurance companies 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 for a red light traffic ticket.

A conviction for a Disobey Red light/Amber light traffic ticket stays on a driving record for three years from the date of the offence and will dramatically affect insurance rates.

Going to Traffic Court

The Police and Prosecutor must prove the case beyond a reasonable doubt before a conviction can be entered against the driver. This means that the Justice of the Peace must be one hundred percent certain that the motorist committed the offence before he can register a conviction.

The police are required to prove all the essential elements of the charge described in the Ontario Highway Traffic Act. If the prosecution is not able to prove the charge beyond a reasonable doubt the Justice of the Peace should dismiss the charge.

At trial the police officer will have a government appointed prosecutor or lawyer to assist them as counsel. It is equally important that the defendant be likewise well represented or they risk being convicted and receiving the four penalties described above.

The Court Prosecutor is the legal representative for the police and municipality, many prosecutors are actual lawyers. The prosecutors job is to register a conviction against the motorist. Most Prosecutors are extremely fair individuals; however, they are not in court to help the motorist.

For most Disobey Red Light violations the prosecutor will want to have a trial, considering a red light ticket a more serious traffic offence. If you do not know how to run a trial, make legal arguments, or have appeared in traffic court before the unrepresented motorist will be at a distinct disadvantage, and stands to be convicted of the red light traffic ticket.

Disobey Red light charges require trial knowledge with technical experience regarding time and distance. For example, if a vehicle is traveling at a speed of 50km/h the vehicle is traveling at forty four feet every second. If the officer at trial says the vehicle was one car length behind the line when the light turned red, what the officer is really saying is that for .06 of a second or less the driver violated the traffic lights

When a trial can involve technicalities of as little as .06 of a second you know it's important to have the qualified experts at your side. OTT Legal Services have the expertise to win your traffic ticket. 

Why Risk Losing? Call For a Free Consultation 1-888-668-8946 or Email Your Request