🚦 Red Light (Fail to Stop) Defence Kit

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   How this course works Short pages, a quick check on each, then a final quiz.
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   Important: this is not legal advice Educational self-help only.
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   The four scenario defences Identify which one fits your case from your disclosure.
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   The offence — HTA s. 144(18) Approach a red, facing it, and fail to stop.
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   The three elements the Crown must prove Functioning red signal facing you · you were the driver · you failed to stop.
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   Where you must stop — the three-tier rule (s. 144(5)) Stop line, then crosswalk, then the intersection.
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   The most powerful tool — R. v. Wu No judicial notice that the light was functioning.
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   Disclosure is your first step Know the Crown’s facts before applying any defence.
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   The in-car camera — the 30-second buffer The footage from ~30s before the lights came on already exists.
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   Body-worn camera — say nothing at the roadside Anything you said is on video. Don’t admit.
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   The pursuit / chase gap A gap between the offence and the stop = lost continuity.
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   The legal framework — s. 144(5) No identifiable stopping point = unprovable actus reus.
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   The amber-to-red timing argument If the front tires crossed on amber, no s. 144(18) offence.
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   What ‘intersection’ means — s. 144(1) A painted crosswalk is part of the intersection.
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   Why position matters An officer facing the other way wasn’t facing your signal.
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   The angle problem — red-light blinders Visors block the signal face from a perpendicular angle.
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   Lost continuity — light vs. vehicle They can’t watch your tires and the signal at the same instant.
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   The Wu/Newton argument — cross-directional only Powerful when the officer was on a different axis — know the limit.
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   Section 144(19) — the correct charge Right turns on red are governed by s. 144(19), not s. 144(18).
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   The directed verdict motion If the notes describe a right turn, the s. 144(18) charge is defective.
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   Objecting to a Crown amendment An amendment to s. 144(19) on trial day is prejudicial.
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   The legal trigger point — s. 144(15) vs s. 144(18) Front tires crossing the stop line is the trigger.
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   The observation problem & sightline An officer behind you physically can’t see your front tires at the line.
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   The close call — and should you testify? On amber entry, your (or a passenger’s) evidence may be essential.
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   No judicial notice — Wu, Newton, McCoy The officer must give evidence of how the signal was functioning.
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   The no-evidence motion (reserve your right to call evidence) Made at the close of the Crown’s case — reserve first.
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   What the officer must testify to Watch the direct exam for these — gaps strengthen your motion.
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   The goal of cross-examination Expose limits, gaps, and assumptions — short leading questions.
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   The notes cross — build the foundation Accurate, complete, clear picture — then every gap is a problem.
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   Continuity & vehicle-identification cross Divided attention and target ID create reasonable doubt.
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   Should you testify? Not required — but your credible account can create doubt.
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   The non-leading rule — examination in chief When you testify or call a witness, questions must be open-ended.
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   Giving your evidence & a defence witness Tell it in your own honest words; a passenger corroborates.
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   The W.D. framework — credibility Three-part reasonable-doubt analysis when you’ve testified.
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   The reasonable doubt standard It’s not who’s more believable — it’s whether guilt is proven.
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   Tailored submissions — use what applies Four arguments; light functioning applies in every case.
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   Trial-day checklist Your order of operations on the day.
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   Case law library The cases most often relevant — for your reference.
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