Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-10-2005, 11:11 PM
Junior Member
 
Join Date: Nov 2005
Posts: 5

Going to court soon, critigue my defence.


What is the name of your state: Ontario

Recently I got a running a red light ticket. What happen was i was driving carefuly as I had a couple of ticket in the past, I din't want anymore. I arrive at the green light going down a slope. I should have slowed down but this slope was unexpected, yellow light hit. I had a split desicion to decide, I choose to try and beat it so I don't end up in the middle of the intersection. Cop pull me over and gave me a $150 ticket

My strat for this trial is to delay as much as possible so the officer won't have a fresh memory of what happened then I will ask him questions on the details of that day. My defence is that, I had to ran the light because of being of afraid I will get hit from behind since its hard to stop how you want going down hill. The officer will likely won't remember if there ever was any car behind me or not. If he say there were no cars but he stumble or get my questions wrong from the questioning before. He has lost credibility.

What do you guys think?
    Reply With Quote
  #2  
Old 11-10-2005, 11:27 PM
Senior Member
 
Join Date: Oct 2005
Posts: 1,289
when ever i was in traffic court all the officers had very detailed information about the stops. I think your only chance will be if the officer doesnt show up. if you are eligible for traffic school i would go
__________________
It's not paranoia if someone REALLY IS following you around.
    Reply With Quote
  #3  
Old 11-11-2005, 11:34 AM
Member
 
Join Date: Oct 2005
Posts: 984
I don't think you have any viable defense. The officer would be allowed to refresh his memory by reading the notes.

From your own description, you chose to ignore yellow light, and were not driving carefully at all. If you were you would have slowed down because you could not see the road behind the slope. In addition, you basically state that you were going above a reasonable and proper speed (yellow lights are timed to allow enough time for anyone to stop when going at speed limit, typically 30 mph or below). Hope you understand this and would slow down next time.

You can try to plead guilty with explanation, and get the charge reduced. See if insurance would care which moving violation it was. Another option to explore is probation (if one is available in Ontario).
    Reply With Quote
  #4  
Old 11-11-2005, 12:09 PM
Senior Member
 
Join Date: Jan 2001
Posts: 12,075
When did Ontario become part of the US? US law only.
__________________
If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

No private messages, I do not reply to them.
    Reply With Quote
  #5  
Old 11-11-2005, 12:46 PM
Junior Member
 
Join Date: Nov 2005
Posts: 2

Iffy Defense


I don't know if you went to court or not.... but your defense is iffy. The judge would probably still consider you to be driving wrecklessly. I knew someone who was in a similar situation... ran a red light. He used the defense that he was worried the cars behind him would rearend him had he slammed on his breaks and stopped. The judge said he was still driving wrecklessly. Good Luck!!
    Reply With Quote
  #6  
Old 11-11-2005, 07:18 PM
Junior Member
 
Join Date: Nov 2005
Posts: 5
Quote:
Originally Posted by katiecahnmann
I don't know if you went to court or not.... but your defense is iffy. The judge would probably still consider you to be driving wrecklessly. I knew someone who was in a similar situation... ran a red light. He used the defense that he was worried the cars behind him would rearend him had he slammed on his breaks and stopped. The judge said he was still driving wrecklessly. Good Luck!!
My argument here is that am going down a slope and breaking would be alot tougher. I'll admit to the judge that I did run the red but I feel that it was a better decision then to Jam the break. This happened off a highway ramp so there were no left turn, running a red light on this intersection would not cause any accident because the car comming in from the highway would have to wait till the light turn green for them to go which usually turn after a few second after the main light goes red.

In any case, this would be my last option if it come to that. Reason is that I want to have a non-moving offence, I hope during pre-trial the officer will give me that. I won't accept anything with moving violation because it is usless to me since insurance company don't care about points or what you did, they just care about how many ticket you have within a certain time.

Here is what am hoping for.

1. Officer won't show up.
2. Over 8 month delay law.
3. Lack of disclosure.
4. Officer grant me a non-moving violation
5. Argue my way out (last option)
    Reply With Quote
  #7  
Old 11-11-2005, 07:21 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
We deal with US law only.

All the responses to your questions are worthless to you, eh?
__________________
There are two rules for success:

(1) Never tell everything you know.
    Reply With Quote
  #8  
Old 11-11-2005, 07:26 PM
Junior Member
 
Join Date: Nov 2005
Posts: 5
Quote:
Originally Posted by seniorjudge
We deal with US law only.

All the responses to your questions are worthless to you, eh?
I knew it was US law forum but I could'n find any other forum that deal with just canadian laws. I just want to see if my argument holds up thats all.
    Reply With Quote
  #9  
Old 11-11-2005, 07:29 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by thebsharp
I knew it was US law forum but I could'n find any other forum that deal with just canadian laws. I just want to see if my argument holds up thats all.

Your honor, I don't think I am guilty of speeding because I sped up to make sure I got through the light.


Yep, you could find a Canadian to buy that.
__________________
There are two rules for success:

(1) Never tell everything you know.
    Reply With Quote
  #10  
Old 11-11-2005, 08:04 PM
Junior Member
 
Join Date: Nov 2005
Posts: 5
Quote:
Originally Posted by seniorjudge

Your honor, I don't think I am guilty of speeding because I sped up to make sure I got through the light.


Yep, you could find a Canadian to buy that.
huh? When did I say I was guilty of speeding? please read the thread before posting, sheesh... no wonder why you got so many post.
    Reply With Quote
  #11  
Old 11-11-2005, 08:11 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
O.K. one more time in Canada-speak
U.S. LAW ONLY DUMBASS!!!
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
    Reply With Quote
  #12  
Old 11-11-2005, 08:41 PM
Junior Member
 
Join Date: Nov 2005
Posts: 5
Quote:
Originally Posted by BelizeBreeze
O.K. one more time in Canada-speak
U.S. LAW ONLY DUMBASS!!!
what are you blind? did you not read what I said? jeesus no wonder your post count is so high. You are either 1. Have no life and 2. Post crap without reading but am gonna say you are both.

Go get some air. you'll need it. Btw, don't bother reply, you're blocked.
    Reply With Quote
  #13  
Old 11-11-2005, 08:52 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
Originally Posted by thebsharp
I knew it was US law forum but I could'n find any other forum that deal with just canadian laws. I just want to see if my argument holds up thats all.
U.S. LAW ONLY idiot.

It's not our fault your Idiot cousins are too stupid to have thought of having a site like this.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
    Reply With Quote
  #14  
Old 11-11-2005, 11:04 PM
Member
 
Join Date: Jul 2004
Location: St. KnoWhere
Posts: 404
Wink

We're annexing Canada by the end of the year so cut the guy a brake <sic>.

    Reply With Quote
  #15  
Old 11-16-2005, 04:33 PM
Junior Member
 
Join Date: Nov 2005
Posts: 6
Thumbs down

Quote:
Originally Posted by racer72
When did Ontario become part of the US? US law only.
You sure are full of yourself aren't you?
Do you have the same reply for everyone?
If people didn't want answers they would not ask the questions.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:16 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.