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is350 11-05-2019 10:37 AM

red light violation ticket and dispute
 
Hi guys,

I got a red light ticket on SE Marine Dr and Fraser.

under the MVA:

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.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

I did violate the law which is that my tire crossed the first white line of the crosswalk. But really that was it. My tire was over the line, I did not cross the intersection and my car's nose was on the crosswalk. On the vid, the traffic on Fraser St started moving so I did not block the intersection, then the vid shows that I started backing up just a little bit.

I had a mirror and glasses at the back so I was trying to brake as gradual as possible.

I even phoned the red light traffic unit on the ticket, the officer said he can tell from the speed that I was approaching the intersection, I had no intention to run the red light.

My court date is coming up, my question is, by definition I did run a red light and the camera caught me. Should I plea guilty though and just ask for a fine reduction? Or should I argue that I violated the definition on the MVA, but I did not physically run the red light nor did I even have the intention to do so at the time.

Lastly, does a red light ticket work the same as other traffic violate ticket? In the sense that if the officer doesn't show up, my ticket gets dismissed automatically.

I have the dashcam vid of me stopping the car on the crosswalk, but I can't upload it on here, it kept failing during upload

Thanks!

edit: one more question - If I fight for the allegation and the JP deem me guilty, do I still get a chance to ask for reduction?

SumAznGuy 11-05-2019 10:46 AM

Quote:

Originally Posted by is350 (Post 8965310)
Hi guys,

I got a red light ticket on SE Marine Dr and Fraser.

under the MVA:

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.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

I did violate the law which is that my tire crossed the first white line of the crosswalk. But really that was it. My tire was over the line, I did not cross the intersection and my car's nose was on the crosswalk. On the vid, the traffic on Fraser St started moving so I did not block the intersection, then the vid shows that I started backing up just a little bit.

I had a mirror and glasses at the back so I was trying to brake as gradual as possible.

I even phoned the red light traffic unit on the ticket, the officer said he can tell from the speed that I was approaching the intersection, I had no intention to run the red light.

My court date is coming up, my question is, by definition I did run a red light and the camera caught me. Should I plea guilty though and just ask for a fine reduction? Or should I argue that I violated the definition on the MVA, but I did not physically run the red light nor did I even have the intention to do so at the time.

Lastly, does a red light ticket work the same as other traffic violate ticket? In the sense that if the officer doesn't show up, my ticket gets dismissed automatically.

I have the dashcam vid of me stopping the car on the crosswalk, but I can't upload it on here, it kept failing during upload

Thanks!

You didn't run the red light given you stopped and backed up. I would argue that point.

In fact, if the officer thinks you weren't going fast enough to run the red, I am surprised the ticket wasn't thrown out.

But who knows, it's pretty stupid at times.

is350 11-05-2019 10:54 AM

Quote:

Originally Posted by SumAznGuy (Post 8965311)
You didn't run the red light given you stopped and backed up. I would argue that point.

In fact, if the officer thinks you weren't going fast enough to run the red, I am surprised the ticket wasn't thrown out.

But who knows, it's pretty stupid at times.

yea but the camera caught me and the camera acts according to the MVA, which is when the front of your tire or car's nose? crosses the white line, the camera will get you. So the red light traffic unit cannot take the ticket back... That's why I called them in the first place, the office offered his sympathy, said all I can do is dispute.

It's a dilemma, that's why I wanted to ask someone who has more experience, it's my first ticket.

By law and by definition, I did have an violation, but I did not run the red super late in the sense that my car was completely in the middle of the intersection or I had driven away, that will indicate I tried to regret my decision

ilovebacon 11-05-2019 11:05 AM

Tell the judge what happened, I am sure this will be thrown out.

320icar 11-05-2019 11:52 AM

Technically it’s illegal to reverse through an intersection, so they’ll throw out one ticket and give you another :p

Good luck OP. Those kinds of tickets scare me, especially when you tried to stop safely and did not run the light

Derpdidoo 11-05-2019 12:03 PM

Weird, i was in the same scenario a few years back where the lights flashed while my car's nose crossed prior to my reverse. I was waiting for a ticket in the mail that never showed up. I was the only one around at the time, so it couldn't have been someone else being flashed. I'm guessing these photos are reviewed before tickets are issued so there could be some level of discretion for issuing tickets?

is350 11-05-2019 12:29 PM

Quote:

Originally Posted by 320icar (Post 8965320)
Technically it’s illegal to reverse through an intersection, so they’ll throw out one ticket and give you another :p

Good luck OP. Those kinds of tickets scare me, especially when you tried to stop safely and did not run the light

My car wasn't in the intersection. My car's nose was on the crosswalk, so I backed around 50cm-100cm so people can walk the the crosswalk.

I'm just stuck in a dilemma to either fight the allegation or just ask for a reduction.

If I fight the allegation and the JP deem me guilty, do I still get a chance to ask for reduction?

Any idea if the officer doesn't show up, if my ticket will be dismissed automatically just like a regular ticket?

SumAznGuy 11-05-2019 12:52 PM

Quote:

Originally Posted by is350 (Post 8965322)
My car wasn't in the intersection. My car's nose was on the crosswalk, so I backed around 50cm-100cm so people can walk the the crosswalk.

I'm just stuck in a dilemma to either fight the allegation or just ask for a reduction.

If I fight the allegation and the JP deem me guilty, do I still get a chance to ask for reduction?

Any idea if the officer doesn't show up, if my ticket will be dismissed automatically just like a regular ticket?

Most of the time, in my experience, the officer will show up for these red light tickets because it is one officer who goes through the "evidence"

I would stick to your story and push that you didn't run the red light.

Technically, there should be 2 pics. 1 of you entering the intersection with the red light and one of you going through the intersection. I've seen tickets get thrown out and not having to go to court because pic 2 shows the car didn't go through the intersection and most ppl do try to stop in a safe manor.

is350 11-05-2019 01:27 PM

Quote:

Originally Posted by SumAznGuy (Post 8965323)
Most of the time, in my experience, the officer will show up for these red light tickets because it is one officer who goes through the "evidence"

I would stick to your story and push that you didn't run the red light.

Technically, there should be 2 pics. 1 of you entering the intersection with the red light and one of you going through the intersection. I've seen tickets get thrown out and not having to go to court because pic 2 shows the car didn't go through the intersection and most ppl do try to stop in a safe manor.

Thank you! That's a good point!

I remember seeing my dad's red light ticket a long time ago and it had the picture of him in the middle of the intersection.

Strangely my ticket just has the photo of me crossing the white line of the crosswalk, well obviously I hadn't gone any further so they can't put the photo on the ticket...

tiger_handheld 11-05-2019 06:52 PM

bullshit that police cannot withdraw the ticket.

how did they magically withdraw the cellphone ticket.

donk. 11-05-2019 08:44 PM

Dont worry, only 2850$ of the governments money will be used during your hearing to avoid xxx$ ticket


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