Failing to Stop at Red Light

 

 

Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. This means that where there is a red traffic signal the driver must come to a full and complete stop and may not proceed from that position unless the traffic signal is green. Failure to stop for a red light is an absolute liability offence meaning the Crown is only obligated to prove the action of disobeying the red light.

Penalty for Disobeying a Red Light

Penalties for failure to stop at a red light include 3 demerit points and a $325 fine. Insurance premiums can also increase and if you are G1 or G2 driver. This may lead to your license may be suspended.

How to Fight a Red Light Ticket?

The prosecution may offer you a plea at the outset. If this is going to adversely affect your insurance and demerits you should fight the ticket and speak to an experienced lawyer first.  We review and analyze thoroughly where the alleged traffic offence occurred, the weather conditions on that day, the traffic density, any available pictures and videos of that area.  You should never plead guilty without consulting an experienced lawyer first. Pleading not guilty and fighting your ticket is merely exercising your constitutional rights to question the prosecution’s evidence.

In order to avoid ridiculously high insurance premiums, it is advisable to take your traffic ticket to trial and fight it. We aim to bring out contradictions in the police officers evidence at trial. If there are inconsistencies in the evidence against you, your ticket may be dropped.

There may be several instances where your constitutional rights under the Charter of Rights and Freedoms may have been infringed. We analyze all the details in your case and assess any infringement of these rights.  If there has been an unreasonable delay in your case, we bring an application to have it dismissed outright.

If you have been convicted of a Highway Traffic Act offence, you have 15 days to appeal the conviction. You should consider appealing against a conviction if you were treated unfairly, there was a violation of your Charter rights, you were denied to cross examine the Crowns witness or if there was an error committed by the judge. Consult an experienced traffic ticket lawyer to consider your chances on appeal.