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Ontario Highway Traffic Act

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another errors on ticket question
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PostPosted: Sat Aug 23, 2008 12:57 am 
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I was on my way someplace last night after work. I was doing about 55 in a 50 zone because I just had a feeling... Well I go through an intersection on a green light, and I see a cop. I look down and confirm I am doing 50ish. I keep driving and looking in my rearview, I don't see anything. Then all of a sudden I see flashing light and I have to pull over. She tells me I was going pretty fast through a certain intersection. I tell her she must be mistaken because I checked my speed when I saw her and it was no more than 55. She asks for my ID and I give it to her. I also mention that I want to see the reading on the radar gun. She comes back 20 minutes later!! and starts to hand me my ID back. Then she says I have a few things to mention. Your tint is too dark and it makes it unsafe for police officers!. So I'm like "i beg your pardon?" If you were not hassling me for doing 50 in a 50 zone your life would not be in danger. I think you are reaching because you know you can't give me a ticket for speeding without a radar/lidar reading. So she says FINE! and walks away with my ID. She comes back 15 minutes later with a friicking ticket that says "no clear view to rear" section 741b!! I am so fricking pissed right now! But when I get home and look at the ticket, it says I am female, ( I am male) and my drivers license number is wrong.

Can you tell me where I can find highway traffic act 741b? There doesn't seem to be anything on the web. Also can I get it thrown out for the 2 mistakes? my driver's license number is supposed to be S5xxx, but she put 55778, and it is definitely marked an F for sex. Can this get thrown out or will it even show up without a legitimate license number?


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PostPosted: Sat Aug 23, 2008 1:05 am 
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ok, I just figured out that it is section 74 part 1 part b.

74. (1) No person shall drive a motor vehicle upon a highway,

(a) unless the windshield and the windows on either side of the compartment containing the steering wheel are in such a condition as to afford the driver a clear view to the front and side of the motor vehicle; and

(b) unless the rear window is in such a condition as to afford the driver a clear view to the rear of the motor vehicle. R.S.O. 1990, c. H.8, s. 74 (1)


I have a clear view. How can an officer state I do not have a clear view if she has not been in the car? It says nothing about the officer needs so see into the car?


Should I try to discredit the officer by saying something to the effect that she may need her eyes checked, as I am male and therefore if she was wrong about that could she be wrong about the rear window not affording a clear view? I'll have to be more tactful than that obviously.


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PostPosted: Sat Aug 23, 2008 8:58 am 
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Location: In YOUR rearview mirror!
To my understanding tickets are tracked via a drivers licence number. Someone else will have this added to their licence? Any others on this?

A charge specific window tint is at HTA 73(3)

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Sat Aug 23, 2008 9:50 am 
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Yet another reason to be nice to officers on the side of the road. No arguement is valid roadside. Just answer the questions, smile and when you get your licence back, drive away.

Comments are bad unless you know a good donut joke........ :D , or have a Tim's for the officer.... :D :D

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PostPosted: Sun Aug 24, 2008 12:26 am 
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I'm not sure if anyone will get the ticket, I thought all driver's licenses started with a letter not a number


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PostPosted: Mon Aug 25, 2008 8:07 am 
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knight_yyz wrote:
I'm not sure if anyone will get the ticket, I thought all driver's licenses started with a letter not a number


My licence number was recorded wrong and still it was attributed to me. The courts can cross reference your name, address, licence plate and figure out who is accused.

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PostPosted: Mon Aug 25, 2008 8:13 pm 
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knight_yyz wrote:
Should I try to discredit the officer by saying something to the effect that she may need her eyes checked, as I am male and therefore if she was wrong about that could she be wrong about the rear window not affording a clear view? I'll have to be more tactful than that obviously.


Lol makes sense, she couldn't get the numbers right AND mistook your sex. Although she might also need to have her hearing checked too, as most males sound nothing like the females :roll:

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"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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