Paper Example on Ontario Traffic Act

Disobey Stop Sign

Section 136-1 (a) states that a car operator shall stop the vehicle immediately before entering a crosswalk, a marked line or an intersection; and (b) shall yield the right of way to other vehicles in the intersection of closely approaching the intersection on the main highway. For an offender to be charged, the prosecutor must prove that he or she did not stop or stopped past the marked line. In such an offense, one possible defense would be filing for a release of evidence for review. A lawyer may help the offender do this. In the process, a sufficient problem may be identified with the evidence filed by the prosecution which may force the prosecutor to have the charges withdrawn upon a discussion with an advocate.

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Disobey Red Light

The Ontario Traffic Act Section 144 (18) states that every vehicle operator approaching a control signal indicating red light should stop the vehicle until a green light is shown. Under this law, the prosecutor simply has to prove that the driver did not stop properly when the signal was indicating red or ignored the red signal and proceeded to enter the highway. The offense attracts a fine. A possible defense is such a case would be filling the matter with the court, and the offense will not be visible in the driving history for insurance or demerit purposes until the case is heard and determined. Where the driver wins the case, the offense is not reflected in the driving history.

Follow Too Closely

Section 158-1 of the Ontario Traffic Act requires that a driver should not follow another vehicle so closely than is prudent and reasonable having due regard for the driving speed and the conditions of the highway. Regarding this offense, the prosecutor must identify the offender, prove that he or she was driving a particular motor vehicle at a specific location closely to another vehicle which must be identified. One possible defense for this charge is the failure by the officer to file the ticket within five working days.

Disobey Amber Light

Section 144 (15) states that a vehicle operator approaching a traffic control signal indicating circular amber and facing the indication should stop the vehicle if he or she can do so safely, otherwise may proceed with caution. The prosecutor has to prove that the offender refused to stop when he or she was able to do so safely or was unable to stop safely but could have proceeded with caution yet did not do so. If a traffic officer issues a ticket for failure to stop, one can seek defense by citing conditions that could not allow stopping safely. For example, the road was slippery.

Fail to Yield from a Private Drive

Section 139-1 states that every driver entering the highway from a driveway or a private road shall yield the right of way to all other vehicles approaching on the highway so closely that they would amount to hazard. The prosecutor must fully identify the driver, the car, and the driveway and be able to prove that the approaching vehicle was so close that failure to yield way would lead to a hazard. The defense would be that another vehicle driving behind was about to crush from behind such that it was reasonable not to yield from the private drive as the hazard was avoidable than the imminent one from behind.