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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Fighting Failure To Stop For A Yellow Light

    My question involves a traffic ticket from the state of: Vancouver B.C. Canada
    I was travelling 50 Kms when I encounterd an intersection where I hadn't quite hit the crosswalk and the light turned yellow. Standing on the far right hand corner of the intersection was a police officer who proceeded to pull me over.
    Then of course gave me a ticket for failure to stop for a yellow light. Section 128 (1) (a). Now I feel it wasn't safe for me to stop. Will this just be a battle of he said she said in court or do I have a leg to stand on?

    Thanks for your help.

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Fighting Failure To Stop For A Yellow Light.

    It sounds like you can expect the officer to testify that, in his opinion, you had time to stop safely and you tried to beat the light.
    Quote Quoting MVA 128
    (1) When a yellow light alone is exhibited at an intersection by a traffic control signal, following the exhibition of a green light,
    (a) the driver of a vehicle approaching the intersection and facing the yellow 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, unless the stop cannot be made in safety,

    (b) a pedestrian facing the yellow light must not enter the roadway, and

    (c) a pedestrian proceeding across the roadway and facing the yellow light exhibited after he or she entered the roadway
    (i) must proceed to the sidewalk as quickly as possible, and

    (ii) has the right of way for that purpose over all vehicles.
    (2) When a yellow light alone is exhibited at a place other than an intersection by a traffic control signal,
    (a) the driver of a vehicle approaching the signal must cause it to stop before entering the nearest marked crosswalk in the vicinity of the signal, or if there is no marked crosswalk, before reaching the signal, unless the stop cannot be made in safety, and

    (b) a pedestrian must not enter the roadway in the vicinity of the signal until either
    (i) the traffic control signal facing the vehicular traffic exhibits a red light, or

    (ii) a traffic control signal instructs the pedestrian that he or she may cross the roadway.

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Fighting Failure To Stop For A Yellow Light.

    Thanks Mr Knowitall,

    Then I guess it comes down to a matter of opinion and the judge will likely accept the work of the cop.
    I guess I will get the exact stopping distance of my van and use that at 50Kms from the point the light turned yellow where I would have ended up.
    If the measurement puts me in the middle of the light then I was correct in proceeding.
    Would you consider this to be a sound defence?

    Thanks again for your help.

    Booter21

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