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Think I'll beat this ticket? **UPDATED** VERDICT IS IN

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  • Think I'll beat this ticket? **UPDATED** VERDICT IS IN

    Well this is what happened the other day. I bought a set of new tires for the bike and had them installed, after leaving the shop and turning onto a secondary road where the speed limit is 70 kmh or @ 45 mph I was approaching a set of lights, when I got close to the lights, around 30 feet from the intersection, it turned yellow. I had a split second to decide if I wanted to try and stop on a set of cold slippery new tires or make it through the intersection before the light turned red, I chose to go through and made it before the light changed to red. Well there was also a police car waiting to make a turn, needless to say he pulled me over and told me that I ran a yellow and that I gave it the gas going through the intersection. I tried to explain to him that I had just put new tires on the bike and it would have been dangerous for me to try and stop. He didn't want to hear about it, I asked him if I was speeding, he said no, then I asked him if I had gone through on a red, and he said no. His main problem was that I gave it gas going through the intersection, to which I replied that there is no law saying you aren't allowed to accelerate on a road as long as you aren't speeding and for the yellow light I told him that you do have to stop "as long as you can do so safely", just as it says in the traffic code, which I didn't think I was able to do. He came back with a ticket for $95 but didn't take any points off my license. Anyway I think I'll go to court and fight it and if I lose the court fees will add on another $74 onto the ticket. Has anybody else had a similar ticket? and what do you think my chances are of beating it? Thanks, I just had to vent. By the way I bought the Continental road attacks, very pleased with them. The bike just wants to fall into corners and the grip is very nice. She handles beautifully, kinda like a totally different bike.
    R.I.P. Marc (CyberPoet)






  • #2
    I watched Starman dammit... Red means stop... green means go... yellow means go very fast.

    I always thought that yellow meant proceed but with caution and that you had to be through the intersection before it turned red.

    So I'd say fight that one irregardless of the outcome.

    My current ride of choice

    Comment


    • #3
      Originally posted by Kanati
      So I'd say fight that one irregardless of the outcome.
      +1

      Hell, given the situation, I'd even chip in $10 towards the $74 add-on court fees for fighting it if it's found guilty... Just make sure you go in with a good bunch of paperwork with you -- webpage print outs from the manfacturer of the tire saying it's slippery and to be cautious braking & turning for the first x miles, copies of the applicable state statutues on the definition of speeding, redlight running, etc., and whatever else might apply. Personally, I'd probably fire off some letters to the cop's supervisor and that supervisor's supervisor, plus reschedule the court date a couple times just to frustrate the cop's schedule (*dirty trick: find out when he works mids [late shift] and schedule the court date for the next day, so he's bleary-eyed if he makes it at all).

      And as soon as the judge dismisses it, ask that he also say a word on overzealous traffic enforcement of non-existent regulations to the officer. Nothing like being berated by a traffic court judge to get a cop to back down on his behavior in ticket-writing, because he knows any cases heard by the same judge on a ticket he wrote will be looked down upon...

      Cheers,
      =-= The CyberPoet
      Remember The CyberPoet

      Comment


      • #4
        In for another $10--luck, and keep us posted.

        Comment


        • #5
          go to court with the bill from the shop (how did you pay), if you paid with debit or credit card it will say the date and time on it. Print off a thread talking about the break in peroid on new tires and take those to court with you. Does the ticket have the date and time written on it? that way you can compir the thread, with the time you paid the bill to the time you got the ticket.

          Comment


          • #6
            personally, I would avoid the "slippery tires" excuse. it could backfire on you. laws state that any and all vehicles on the road have to be considered safe to do so. so using the slippery tire excuse could result in a judge saying that they were unsafe to use on the road and that you should have made them safe before travelling on a public road. after all, what would you do if a kid ran out in front of you?

            I think your best bet would be to just say that you were too close to the intersection to stop safely, regardless of the condition of your tires....and you accelerated through in order to clear the intersection quickly.....and leave it at that.
            I don't have a short temper. I just have a quick reaction to bullshit.




            Comment


            • #7
              fight it, i'll add to the collection plate if you lose


              Walter Sobchak: You know, Dude, I myself dabbled in pacifism once.

              Comment


              • #8
                i say fight it. you'll win.
                Hello World.

                Comment


                • #9
                  Is the collection plate in Cdn or US dollars

                  Comment


                  • #10
                    In Ontario, the HTA indicates a yellow light actually means stop unless you cannot do so safely. If that is the case then you should proceed with caution. As to whether you should fight a ticket, it's your right to question/dispute the accusation. Good luck
                    "The secret to life is to keep your mind full and your bowels empty. Unfortunately, the converse is true for most people."

                    Comment


                    • #11
                      Originally posted by Kat-A-Tonic
                      In Ontario, the HTA indicates a yellow light actually means stop unless you cannot do so safely. If that is the case then you should proceed with caution. As to whether you should fight a ticket, it's your right to question/dispute the accusation. Good luck
                      here atleast in the states my understanding of a yellow light is, if you can stop safely then stop. if you were to try and stop and end up in the middle of the intersection, accelerate through the light. i always accelerate through the yellow if i can't stop in time. if in canada a yellow light means stop unless you can't do it safely makes me seem like it's worded so if you can't stop you shouldnt accelerate, but that makes no sense. if you hadn't accelerated he'd have still pulled you over to give you a running a red light ticket. maybe you shoulda asked the cop when he was giving you the ticket if he'd have given you a red light ticket if you hadn't accelerated because you wouldnt have been able to stop on time. sounds like a lose lose situation. sometimes laws are worded so broadly or loosely, it's open to much interpretation.

                      Comment


                      • #12
                        In theory (but not always in reality), the solid lines leading up to the light should be the same length as the distance you would cover at the speed limit in the cycle-time for the yellow of the light. In other words, if you've reached the solid lines at speed before the light changes, you should be able to clear the intersection before red; if you haven't, you need to stop. This is international practice and is spelled out in various civil engineering standards & practices texts & regulations. Unfortunately, sometimes the light cycle is reprogrammed after the initial installation (at least in the USA) without changing the lines, or the lines are repainted without consideration of the light cycle length.

                        Cheers,
                        =-= The CyberPoet
                        Remember The CyberPoet

                        Comment


                        • #13
                          Originally posted by tory
                          Originally posted by Kat-A-Tonic
                          In Ontario, the HTA indicates a yellow light actually means stop unless you cannot do so safely. If that is the case then you should proceed with caution. As to whether you should fight a ticket, it's your right to question/dispute the accusation. Good luck
                          here atleast in the states my understanding of a yellow light is, if you can stop safely then stop. if you were to try and stop and end up in the middle of the intersection, accelerate through the light. i always accelerate through the yellow if i can't stop in time. if in canada a yellow light means stop unless you can't do it safely makes me seem like it's worded so if you can't stop you shouldnt accelerate, but that makes no sense. if you hadn't accelerated he'd have still pulled you over to give you a running a red light ticket. maybe you shoulda asked the cop when he was giving you the ticket if he'd have given you a red light ticket if you hadn't accelerated because you wouldnt have been able to stop on time. sounds like a lose lose situation. sometimes laws are worded so broadly or loosely, it's open to much interpretation.
                          You shouldn't have to accerlerate to proceed through a yellow light. If that is the case then it's a clear indication you are travelling too fast for the road you are on (e.g. rushing to make the intersection) in order to make the safe stop.
                          "The secret to life is to keep your mind full and your bowels empty. Unfortunately, the converse is true for most people."

                          Comment


                          • #14
                            Originally posted by irenekat
                            i say fight it. you'll win.
                            if you lived here in quebec, you might not be so sure about winning.
                            I don't have a short temper. I just have a quick reaction to bullshit.




                            Comment


                            • #15
                              That's such a ticky tack reason for a ticket, especially since he wouldnt listen to any of your questions, nor give you a valid explanation, nor was he able to come up with a legit reason according to the law to write you a fine.

                              Fight it for sure, you owe it yourself to atleast try especially given the circumstances.

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