Possibly given wrong ticket

I turned right on a yellow light without stopping. Probably during my turn the light went red. I was pulled over and given a ticket for red light at intersection 129(1). I feel like I deserve 128 for not yielding to a yellow light and at the very least the ticket should be 129(3) not stopping for a red light on a right turn. Is this enough for dispute. Thank you

Unfortunately it doesn't matter much

The court will gladly adjust the charge to whatever suits the believed evidence provided by the officer against you. It would have been possible to argue that you couldn't have stopped safely for the yellow, had you been going straight through at full speed allowed on that road; but seeing how you've made a right turn, your speed was likely moderate enough to have stopped safely.

Of course on the other hand it is your right to dispute the allegations against you, and you would get a chance to getting out of the ticket if the officer doesn't show up or their evidence is not believed by the court. Its like lottery - if you don't play - you don't win.

What Matters

If you entered the intersection on yellow, then the disobey red light ticket is not valid. If you entered on red, then it is.

Yellow light

128 (1) When a yellow light alone is exhibited at an intersection by a traffic control signal, following the exhibition of a green light, (a) the driver of a vehicle approaching the intersection and facing the yellow light must cause it to stop before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, before entering the intersection, unless the stop cannot be made in safety,

Red light

129 (1) Subject to subsection (2), when a red light alone is exhibited at an intersection by a traffic control signal, the driver of a vehicle approaching the intersection and facing the red light must cause it to stop before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, before entering the intersection, and subject to the provisions of subsection (3), must not cause the vehicle to proceed until a traffic control signal instructs the driver that he or she is permitted to do so.

You have to decide where you were in relation to the marked crosswalk / intersection at the time the light went from yellow to red.

I feel as if it should only

I feel as if it should only be a yellow light ticket. I have no video evidence. What happens when it just his word against mine. Also is him giving me the wrong ticket not enough to have the whole ticket thrown? Even the case of the 129(3)

129 (3) ?

I'm puzzled by your reference to this part of the section. It's not about failing to obey a yellow light, or a red light. It's about failing to yield properly to all other road users, when proceeding to make a right turn on a red light.

(3)Despite subsection (1), and except when a right turn permitted by this subsection is prohibited by a sign at an intersection, the driver of a vehicle facing the red light, and which in obedience to it is stopped as closely as practicable to a marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, as closely as practicable to the intersection, may cause the vehicle to make a right turn, but the driver must yield the right of way to all pedestrians and vehicles lawfully proceeding as directed by the signal at the intersection.

This piece of law is designed to ensure that the driver considering a right turn on a red light does so in such a way that all others proceeding lawfully (facing a green light, a green arrow, or a pedestrian 'Walk' signal) are yielded to. Very similar to being at a Stop sign.

Further down this page/dialogue, you mention this:

I would have thought I would have gotten in the way of the undercover cop because he was in that lane as he also gunned it to get right behind me.

So, where was this police officer at the time that you did whatever you did? If he was behind you, and followed you through the turn, then 129.3 wouldn't apply, in terms of yielding right of way properly to that cop or anybody else (except a facing left-turning vehicle, waiting to clear the intersection - that's a common enough conflict). Otherwise, at the point in time when your light turned yellow, all the potentially conflicting road users should have been facing either a Red light or a 'Don't Walk' signal, and would continue to be in that situation for a few more seconds.

Why does it matter?

Any of those tickets would result in the same 2 Demerits. But from what you've told us, 129 (3) doesn't enter into it unless you got in the way of another road user.

Got any dashcam evidence or similar, to prove that you 'only' ran a yellow light, rather than a red one?

129(3) Right turn on a red....

This a technicality, but there is no provision to turn right on a yellow light, even if you stopped first (there wouldn't be enough time, but if there was time you can't turn right on a yellow light)

I think the defence that "I disobeyed a yellow light by not stopping and then illegally turned right on it" confessing to two offenses as a defence against one ???  Wouldn't go over well.  The average yellow at an intersection where the speed limit is 50 kph is 3.5 to 4 seconds long.  Slowing to turn gives you much more time to react than you would at the speed limit going straight.

For vehicle travelling straight through the general rule of thumb for a yellow light ticket is where the vehicle is located when the light turns red.  Obviously if the vehicle hasn't reached the stop line or marked crosswalk, that's a red light, but if the light turns red when the vehicle is past the stop line but hasn't crossed the far side of the cross walk, that's a yellow.

The driver is slowing, turning a corner the light is changing, still not sure where the plain clothes cop was (where do people get the term "undercover" for a plain clothes cop).  Undercover is a whole different thing and any cop working "undercover" certainly doesn't write tickets.

The benefit of the doubt of the color of the light goes to the cop.  Guilty, next case.

Not in My Experience

The Justice has always resolved any doubt in favour of the accused.

This one time...

This one time, in North Van, I turned right with-out stopping on red at an intersection that had no right turns allowed on red. There was a young officer in an unmarked Explorer watching me do it, he chased me down, pulled me over, took my license and came out with a large ticket for the two offenses. Wanted to chat.

Was asking me questions such as if I drive here often and if I didn't see the no-right-turn sign, and why didn't I stop for the red light? I said that I can't really talk to the allegation, as we both know that my words can be used against me in court.

Then I asked if the officer was a class 7N driver. The officer was surprised by the question and said of course not and inquired why would I ask? I retorted with the fact that there was a new style N magnet on the back of his  Explorer just to the left of the license plate. Bewildered by the correctness of my statement, since his vehincle was the one behind me not the other way around, the officer went on the defensive claiming that some members put these signs on each other's cars as a joke at the station. Asked me how I knew about the N. I explained that I've spotted him near the bus depot just about 30 min prior.

We continued to chat, and I've mentioned to the officer that I'm very familiar with that intersection, and that there is a left turn arrow for the two opposite left turn pockets of the intersecting street, and usually there would be a green right turn arrow in that phase of the traffic lights, if one was physically equipped. I further explained to the officer that theoretically it would be the safest phase for turning right, since drivers wouldn't have to deal with the on-coming left-turners or pedestrians to the right as opposed to turning on green. The officer crossed out turning against no-right-turn sign charge.

I further mentioned that I understand why the intersection is equipped with the no-right-turn sign - because there is a bend in the intersecting street which negates the left-ward visibility making the right turns on red very unsafe there. And that usually I would never make such a turn and that I patiently wait at this light everyday, but seeing how the left turn arrows came up just as I was approaching the intersection and that the left turners have already began making their turns, I took the opportunity to make my turn, with zero interference from anybody or to anybody, after scanning the intersection thoroughly. The officer asked me how long I have been driving for and if I've ever had an at-fault accident claim against me. I informed the officer that at that point I've been on the road for about 15 years and that I've never had a claim. The officer crossed out the no-stopping-on-red charge, and handed me the invalidated ticket.

We shook hands, wished each other a great evening and parted friends. This has restored my faith and good-will towards LEOs, since before that I was a firm believer that they only care to write tickets, not engage drivers in reasonable discussion about road safety. I still have that ticket with the two charges crossed out, as a reminder to be kind to cops.

I would have thought I would

I would have thought I would have gotten in the way of the undercover cop because he was in that lane as he also gunned it to get right behind me. I have no video evidence. Is him giving me the wrong ticket not enough to have to ticket thrown? Or will they just say okay we will just give you the other ticket then? 

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