Red Light Traffic Ticket or Disobey Amber Light
Traffic Tickets
Red light Traffic Tickets
The fine for a Red Light traffic ticket or Amber light traffic ticket is not the only penalty for the ticket.
A red light or amber light traffic ticket
has four different penalties:
- Three demerit points
- A fine of one hundred and eighty dollars ($180.00)
- A conviction registered on your driving record for three years
- Insurance increases
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 of a vehicle must stop their vehicle before proceeding through a red traffic light. Although the charge sounds simple there are numerous issues to fight in traffic court to win your case, for example; where exactly is a driver required to stop? in the intersection, before the intersection, before the crosswalk or before the stop line?
When facing a Red Light traffic ticket unless you know the essential elements that the prosecution has to prove against the driver, you risk being convicted of the ticket. As well as knowing these issues, if you represent youself in traffic court do you have the skill to conduct a trial and cross-examine a police officer?
Insurance Implications
As well as the demerit points implications, any insurance company will consider a 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 signals putting themselves and other drivers at risk of being involved in an accident.
Insurance companies base an insurance policy on "their risk" of having to pay out on a claim. If you plead guilty or are convicted of a red light traffic ticket, this can affect your insurance rates. You can the best chance of winning your traffic ticket by calling OTT Legal at 1-888-668-8946.
ThepPolice and court prosecutor must prove to the Justice that the driver is guilty of the offence beyond a reasonable doubt. The prosecutor must prove through the police officer's evidence that the driver entered the intersection on a red light disobeying the traffic signal. This means that the Justice of the Peace must be one hundred percent certain that the motorist committed the offence before he can find the driver guilty.
The police are required to prove all the essential elements of the charge described in the Ontario Highway Traffic Act. If the prosecution is unable 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 to be likewise well represented or they risk being convicted and receiving the four penalties described above.
The court prosecutor is the agent/lawyer for the police and municipality, many prosecutors are actual lawyers. The prosecutors job is to prove the case to the Justice that the motorist disobeyed the red light. Most Prosecutors are extremely fair individuals; however, they are not in court to help the motorist/defendant.
For most Disobey Red Light traffic tickets 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 defendant will be at a distinct disadvantage, and stands to be convicted of the red light traffic ticket.
To get expert help you fight your red light traffic ticket call OTT Legal at 1-888-668-8946 or visit one of our seven Ontario offices.
Fighting a Red Light Traffic Ticket
Properly fighting a Disobey Red light ticket requires trial knowledge and technical experience regarding time and distance.
For example, if a vehicle is traveling at a speed of 50km/h the vehicle is traveling at 44 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. Ontario Traffic Tickets have the expertise to win your traffic ticket.
Disobey Amber Light
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.
- Three demerit points
- A fine of one hundred and eighty dollars ($180.00)
- A conviction registered on your driving record for three years
- Insurance increases
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 being assisting and guiding you through testifying at court, an experienced trial agent 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 are at a disadvantage against a government appointed prosecutor and police officer.
There are important issued that the agent 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 full fill 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.
Red Light Camera Tickets
Red light camera tickets are traffic tickets that are issued as a result of a traffic camera being placed at an intersection to photograph vehicles who enter the intersection after the traffic signal has turned red.
Upon being photographed traveling through the intersection on a red traffic signal, the municipality will issue a notice to the owner of the vehicle.
The violation notice will have a picture of the vehicle showing the speed it was traveling, and that the traffic signal was red when the vehicle entered.
The penalty for a Red light Camera Ticket is 180 dollars. There is no accumulation or loss of demerit points for this ticket. Nor is a record kept with the Ministry of Transportation, or available to the insurance companies.
Red light camera tickets will not affect your insurance rates.
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