The Complete Guide to Handling Red Light Tickets in Ontario
Handling a red light ticket in Ontario can differ significantly depending on whether you received your ticket directly from a police officer or via a red light camera. Understanding these differences is crucial for deciding how to respond and what repercussions you might face.
We are going to provide you with all the necessary information to understand the charge and what you should do next.
Red Light Ticket Issued by an Officer
When a red light ticket is issued by an officer, it means you were pulled over for personally being observed running a red light. Here’s what you need to know:
Proof of Violation
An officer’s ticket is based on direct observation. This personal element means the officer can testify about the circumstances of the violation. That includes weather conditions, traffic, and your actions.
Fines and Penalties for Running a Red Light in Ontario
The penalties for being caught by an officer are more severe than those from camera tickets. They often include:
- Fines: A three hundred and twenty-five ($325.00) dollar fine.
- Demerit points: You will receive three (3) demerit points on your driving record.
- Impact on Insurance: Accumulating demerit points can significantly increase your insurance premiums. Some insurers may classify you as a high-risk driver.
Duration of the Ticket on Your Record
In Ontario, a red light ticket will remain on your driving record for three years from the date of conviction, not the date the ticket was issued. This distinction is important as contesting the ticket can sometimes delay the conviction date.
Legal Definition of a Red Light Violation Under the Highway Traffic Act
The Highway Traffic Act in Ontario specifies what constitutes a red light violation under Section 144.18. The law states: 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.
Real-Life Example
Consider the case of Emily, a driver in Ottawa who misjudged a yellow light. She was observed by the officer entering the intersection on a red light. Emily received a ticket and experienced a subsequent rise in her insurance premiums after the demerit points were applied to her record.
Red Light Camera Ticket
A red light camera ticket is issued automatically when a vehicle is detected running a red light at an equipped intersection. These tickets are different in several key aspects:
Fines and Penalties
- No demerit points: Red light camera tickets do not result in demerit points because the camera captures the vehicle, not the driver’s identity.
- Lower fines: The fine is typically around $325.00.
- No risk of additional charges: Since there is no officer to observe the behaviour of the driver beyond the red light running, no additional charges can be laid.
Contesting the Ticket
These tickets can be contested if you believe there was a mistake. The argument is generally limited to proving that your vehicle was not involved or that the ticket was issued in error (e.g., the light was not actually red, or the camera malfunctioned). As the driver is not identified, defences like necessity or emergency are not applicable.
How to Fight a Red Light Ticket in Ontario
Whether you decide to contest a ticket issued by an officer or a camera, consulting with a paralegal can provide significant advantages. An experienced paralegal can help by:
- Reviewing the evidence: They can assess the footage or officer’s report to determine the strength of your case.
- Navigating court procedures: Understanding the legal process can be daunting, and a lawyer will guide you through the steps.
- Negotiating penalties: If contesting the ticket is not viable, a paralegal may help reduce the penalties or negotiate alternative resolutions.
Know Your Rights and Options
Understanding the differences between a red light ticket from an officer versus a camera is the first step in handling your ticket effectively. Each type of ticket carries different implications for your driving record and wallet. By knowing your rights and possibly seeking legal help, you can take appropriate steps to minimize the impact of a red light ticket on your life. Whether you pay, contest, or seek a reduction in penalties, being informed will help you navigate the process with confidence.
At Sturino Walker Legal, we offer a free consultation to answer any questions you may have about Stop Sign ticket and what your next steps should be. Feel free to contact us today regarding your Stop Sign ticket in Ontario.
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- Careless Driving Ontario
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