1 · Understanding the charge · Page 4 of 38
The offence — HTA s. 144(18)
Approach a red, facing it, and fail to stop.
You’re charged under s. 144(18) of the Highway Traffic Act: every driver approaching a traffic control signal showing a circular red indication, and facing the indication, shall stop and shall not proceed until a green indication is shown.
It’s an absolute liability offence — there’s no due-diligence defence. You can’t win by arguing you tried your best or made an honest mistake. The only way to win is to attack the Crown’s ability to prove the elements beyond a reasonable doubt — and the Crown’s burden is high.
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