A Fail to Stop for a Red Light Ticket is a minor/mid-range traffic ticket offence in Ontario.
If you fail to stop for a red light in Ontario, the police will often issue roadside certificate of offence that carries a set-fine that can be paid in the event that you do not want to dispute the ticket. However, if the ticket is unsuccessfully disputed in court, the penalty may fall within a range of possibilities.
What is a Failure to Stop for a Red Light Ticket?
Section 144(18) of the Ontario Highway Traffic Act creates a ticket for failing to stop for a red light. The Act requires a driver approaching a red light on a traffic light to come to a full and complete stop until the light turns green.
When you come to a red light you are required to come to a full and complete stop. This means that your vehicle’s momentum must halt in your lane of travel. If an officer witnesses a rolling (“Hollywood”) stop, or if you turn without slowing down, a ticket may be issued.
Fail to Stop for a Red Light Penalties:
Out of court set-fine:
- $260, plus costs (total: $325)
Court-imposed penalties for failing to stop at a red light are as follows:
- a monetary fine between $200 and $1,000; plus surcharge and court cost.
Following an in court conviction for failing stop for a red light, the Ontario Ministry of Transportation (MTO) will then impose the following:
- three (3) demerit points will be applied to the Ontario Driver’s Licence; and/or
- the Ontario Driver’s Licence may be suspended for the accumulation of too many demerit points.
In addition to the court and MTO-imposed penalties following a conviction for failing to stop for a red light may have a risk to your insurance, although increases may be minor depending on whether an accident had taken place.
Defences:
Your fail to stop for a red light ticket is classified as an offence of “absolute liability”. As a result, it is limited in its defences and does not allow a you argue due diligence. The Crown Prosecutor is only required to prove the illegal “action” to prove the offence. With that being said, Mark Cardy has successfully argued the following defence:
- Prove It – In the absence of any technical defences such as date, time, jurisdiction, identity, etc., the Crown prosecutor is always required to prove all elements of a fail to stop for a red light ticket beyond a reasonable doubt. The prove it defence challenges Crown evidence through cross-examination to establish the credibility and reliability of eye-witness testimony in determining whether the light was red when you entered the intersection. It also challenges the functionality of the traffic lights.