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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.
Exception;
"Despite subsection 144.18, a driver, after stopping his or her vehicle and yielding the right of way to traffic lawfully approaching so closely that to proceed would constitute an immediate hazard, may, turn to the right; or turn to the left from a one-way street into a one-way street, without a green indication being shown".
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Insurance Implications for Red Light Tickets
As well as the demerit point implications, any insurance company will consider a Red Light traffic 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 insurance companies base an insurance premium on their risk of having to pay out on a claim, expect the insurance company to increase policy rates for this type of 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 can dramatically affect insurance rates.
Going to Traffic Court for a Red Light ticket
For any traffic ticket the Police and Prosecutor must prove the case before a conviction can be entered against the driver. This means that the Justice of the Peace must be certain that the motorist committed the offence.
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 the Justice of the Peace can dismiss the charge.
At the court trial the police officer will have a government appointed prosecutor to assist them as counsel. It is equally important that the defendant be likewise well represented.
The prosecutors job is to register a conviction (convict) against the motorist. Most Prosecutors are extremely fair individuals; however, they are not in court to help the driver with their traffic ticket.
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 may be at a distinct disadvantage, and stands to be convicted of the red light traffic ticket.
To successfully fight a disobey red light charge it requires trial knowledge with technical experience regarding time and distance, and traffic court procedures. 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