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Ontario|Highway Traffic ActDriving Offences: Highway Traffic Act 523 Failing to stop at a red light or stop sign When a driver goes through a red light or a stop sign without stopping they have committed an offence under the Highway Traffic Act.
The prosecutor must prove that the light was red at the instant you entered the intersection. A car enters an intersection when any part of it crosses over the pedestrian walkway area of the intersection.
If you fight a ticket for failing to stop at a red light or a stop sign, your only defence is that you did stop or that the light was not red when you entered the intersection. If the police officer is unsure what colour the light was when the car entered the intersection, then you can argue that there is reasonable doubt about whether you are guilty. You can also defend yourself by showing that there is some irregularity that caused the sign or the light to be misleading. For example, if the sign was not visible because of snow or a tree, you may be able to use this as a defence. However, it is difficult to defend yourself using this argument.
The penalty for failing to stop is a fine of $90 and three demerit points. If you fight the ticket and are convicted, the fine can be set between $60 and $500. If you fail to stop for a school bus the penalty is a fine and six demerit points.
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