Hmmm...

Bookm · Joined: 22 Jan 2008 Posts: 175 Location: Stratford, Ontario

My sons friend drives an old pickup truck. He was driving with two passengers across the bench seat. His buddy swung his arm out and hit the steering wheel causing the truck to veer slightly and cross the centre line. An approaching LEO saw this and pulled him over.

Her "roadside plea bargain" was to charge him with "Obscured License Plate". It was dirty from driving the backroads on a winter day (gravel roads were wet).

I have encouraged him to fight this ticket but his controlling mother just wants him to pay it

Any thoughts??

Book

admin · Posted: Thu Jan 24, 2008 12:03 am Post subject:

What was he originally charged with? Careless Driving?

I think you can still fight this. If you have a good driving record, just take a copy of your driving abstract from an mto, and simply ask for a reduction from the "Obscured License Plate".

He has to give you another reduction. You can usually get two reductions. First from the police officer and another from the courts.
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www.OHTA.ca OR www.OntarioTrafficAct.com

Bookm · Joined: 22 Jan 2008 Posts: 175 Location: Stratford, Ontario

As is the common strategy these days, he was "threatened" with Careless, but was offered this HUGE break by the super-nice officer (I'm being sarcastic).... MEH!! The plate citation is a joke. He was well within the scope of Due Care. It was the road conditions that caused the infraction. Are we really expected to stop and check our plate every mile or two on a dirty road?

I'm not sure what you mean by, "He HAS to give you another reduction". I know of no legal duty for either the cop OR the Crown to reduce ANYTHING. Accepting a plea-bargain should only be considered if an accused is scared to death of the trial procedure, or the stakes are too high (serious offense).

admin · Posted: Thu Jan 24, 2008 9:41 am Post subject:

Yes your right, there is no legal obligation, but actually the prosecutor can lower your ticket if you simply ask. It will be by their own judgment to let you off or not. Thats why we recommend to take in your driving abstract and try to get the "mercy" so to speak, of the court system.

Sometimes if they see the officer has already lowered the ticket on scene, then the prosecutor might say no, but in some instances the lowered ticket by the officer may not be of any great value, so then the prosecutor might lower it again to the suitable charge and fine.

This is always different for each person, but if you can manage to convince them your ticket is unique, and your driving record is good, then they will be more inclined to help.

If you already have speeding tickets etc., then most likely they wont help you out.

So yea theres no obligation, but its more of a courtesy, and a mercy by the courts.

Thanks for asking and clearing that up Smile