Q&A - Disputing a Red Light Ticket
I got a traffic ticket for not stopping at a red light. However, I believe that I entered the intersection before the signal turned to red. There was no camera to support this charge.
I did not stop because my car was accelarated, I believed stopping would cause a more dangerous situation. Also, it was difficult to make a clear judgement because the situation was urgent.
I have a court date and I would like to know some effective ways to defend this ticket.
Because I am a N driver, I will get my driver's license suspended if I plead guilty and I really don't want that happen.
Comments
Proving a Red Light Violation
This is the law:
The main points to be proven are that there was a red traffic signal at the intersection, that you had not yet crossed the stop line, crosswalk or entered the intersection itself before the signal turned red and that you did so afterward.
If this was the case, there is no defense in saying that it was unsafe to stop except perhaps if you could convince the justice that doing so would have resulted in death or serious bodily harm. That is very difficult to prove.
Similarly, it would not be a good thing to say that you were going too fast to stop.
Camera evidence is not needed to prove the offence unless it is a red light camera ticket.
It appears that your argument is that you entered on the yellow and the officer is going to say that you entered on the red. If you can establish that, the court will not convict you of the red light offence.
Follow Up by E-Mail
Based on your comment, you said the court cannot convict me guilty if I establish that I went on yellow light. I was with a friend that was sitting on the passenger seat, and would it be effective to call her to the court as a witness? Would this be sufficient to increase the chance of winning?
Witness
Witnesses are always useful if what they have to say will support your case. Their testimony should not be rehearsed and if there is any doubt about them attending, you should have them subpeonaed. When your case is called, they should exit the courtroom and wait until it is their turn to testify. The weight of their testimony will be much less if they sit and watch the case unfold at trial.
Whether this is enough to have the ticket dismissed, well, that's up to the justice presiding over the trial.