I have a trial tomorrow for two tickets 1)failure to change address on license (i got married a couple of months earlier and moved) 2) license plate not fully visible I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and went the same day to change my address and get new plates. Turns out my plates were on a list of defective license plates and they changed them for free. I got a letter from the MOT stating my license plates were defective. Any advice on how to proceed would be appreciated.
I have a trial tomorrow for two tickets
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and went the same day to change my address and get new plates. Turns out my plates were on a list of defective license plates and they changed them for free. I got a letter from the MOT stating my license plates were defective. Any advice on how to proceed would be appreciated.
A defected batch doesn't cancel out your responsibility for clear plates, it just means they'll replace them at their own cost. That being said, I wouldn't be surprised if they worked something out with you. Bring whatever you have showing you took care of the issues right away and they might cut you some slack. Maybe they drop one issue for the other, or they drop both altogether. It's up to the person you're dealing with.
A defected batch doesn't cancel out your responsibility for clear plates, it just means they'll replace them at their own cost.
That being said, I wouldn't be surprised if they worked something out with you. Bring whatever you have showing you took care of the issues right away and they might cut you some slack. Maybe they drop one issue for the other, or they drop both altogether. It's up to the person you're dealing with.
You will probably have an opportunity to meet with prosecutor before the trial. Showing prosecutor everything MIGHT get one of them dropped. Maybe if they are in really good mood they could drop both. They do not have to drop any of them, but usually if you show you got everything fixed immediately it looks good on you.
You will probably have an opportunity to meet with prosecutor before the trial. Showing prosecutor everything MIGHT get one of them dropped. Maybe if they are in really good mood they could drop both. They do not have to drop any of them, but usually if you show you got everything fixed immediately it looks good on you.
Highway Traffic Act, R.S.O. 1990, c. H. 8 13. (1) No number other than that upon the number plate furnished by the Ministry shall be exposed on any part of a motor vehicle or trailer in such a position or manner as to confuse the identity of the number plate. R.S.O. 1990, c. H.8, s. 13 (1). (2) Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried. 1994, c. 27, s. 138 (7). (3) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a photo-radar system. 1993, c. 31, s. 2 (5). (3.0.1) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a red light camera system. 1998, c. 38, s. 2 (1). (3.1) The number plates shall not be obstructed by any device or material that prevents the entire number plates including the numbers from being identified by an electronic toll system. 1996, c. 1, Sched. E, s. 2 (1). (4) Every person who contravenes subsection (2), (3), (3.0.1) or (3.1) is guilty of an offence. 1993, c. 31, s. 2 (5); 1996, c. 1, Sched. E, s. 2 (2); 1998, c. 38, s. 2 (2) I'll be interested to see how this plays out for you. We discussed this in the office and felt that the charge applied when something was in front of the plate like a cover or a bicycle rack but that peeling numbers werent enough.
Highway Traffic Act, R.S.O. 1990, c. H. 8
13. (1) No number other than that upon the number plate furnished by the Ministry shall be exposed on any part of a motor vehicle or trailer in such a position or manner as to confuse the identity of the number plate. R.S.O. 1990, c. H.8, s. 13 (1).
(2) Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried. 1994, c. 27, s. 138 (7).
(3) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a photo-radar system. 1993, c. 31, s. 2 (5).
(3.0.1) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a red light camera system. 1998, c. 38, s. 2 (1).
(3.1) The number plates shall not be obstructed by any device or material that prevents the entire number plates including the numbers from being identified by an electronic toll system. 1996, c. 1, Sched. E, s. 2 (1).
(4) Every person who contravenes subsection (2), (3), (3.0.1) or (3.1) is guilty of an offence. 1993, c. 31, s. 2 (5); 1996, c. 1, Sched. E, s. 2 (2); 1998, c. 38, s. 2 (2)
I'll be interested to see how this plays out for you. We discussed this in the office and felt that the charge applied when something was in front of the plate like a cover or a bicycle rack but that peeling numbers werent enough.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
The section for the plate charge was 13 (2). In the officers disclosure notes it says he say the plate was not at all visible but I have a picture showing it mostly was. I understand this is the responsibility of the driver to get them changed, but this wasn't known to me at the time.
The section for the plate charge was 13 (2). In the officers disclosure notes it says he say the plate was not at all visible but I have a picture showing it mostly was. I understand this is the responsibility of the driver to get them changed, but this wasn't known to me at the time.
So 13(2) reads: Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried. Was there dirt on it? no Was it obstructed? no Was there anything that obscured or obstructed the view of the number plate? no Was the number plate affixed so that the entire number plate, including the numbers, was plainly visibile at all times? yes If the numbers were faded or peeling, this is not dirt or an obstruction. The only requirement for the numbers to be plainly visible is in where the plate is affixed, and that they are not obscured by something else. So the numbers were plainly visible, even though the were faded or peeling.
So 13(2) reads:
Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried.
Was there dirt on it? no
Was it obstructed? no
Was there anything that obscured or obstructed the view of the number plate? no
Was the number plate affixed so that the entire number plate, including the numbers, was plainly visibile at all times? yes
If the numbers were faded or peeling, this is not dirt or an obstruction.
The only requirement for the numbers to be plainly visible is in where the plate is affixed, and that they are not obscured by something else. So the numbers were plainly visible, even though the were faded or peeling.
This was the exact discussion we had in the office.
jsherk wrote:
So 13(2) reads:
Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried.
Was there dirt on it? no
Was it obstructed? no
Was there anything that obscured or obstructed the view of the number plate? no
Was the number plate affixed so that the entire number plate, including the numbers, was plainly visibile at all times? yes
If the numbers were faded or peeling, this is not dirt or an obstruction.
The only requirement for the numbers to be plainly visible is in where the plate is affixed, and that they are not obscured by something else. So the numbers were plainly visible, even though the were faded or peeling.
This was the exact discussion we had in the office.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
There's nothing in the traffic act that I can think of that discusses peeling plates or plates in disrepair specifically. The only other thing talks about intentionally altering a plate. So i guess it's up to interpretation. It says the numbers must be visible at all times clear of dirt and obstruction. While it's not dirt, I think the argument could be made that peeling plates is an obstruction. It's an obstacle that blocks an officer or anyone else from reading plainly visible numbers. That's just my opinion. Then it goes on to talk about the view of the plate, and not obscuring the view of the plate with objects, which is another thing altogether.
There's nothing in the traffic act that I can think of that discusses peeling plates or plates in disrepair specifically. The only other thing talks about intentionally altering a plate. So i guess it's up to interpretation.
Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried.
It says the numbers must be visible at all times clear of dirt and obstruction. While it's not dirt, I think the argument could be made that peeling plates is an obstruction. It's an obstacle that blocks an officer or anyone else from reading plainly visible numbers. That's just my opinion.
Then it goes on to talk about the view of the plate, and not obscuring the view of the plate with objects, which is another thing altogether.
To me an obstruction is something in the way. The law would have to read that the driver was responsible for the licence plate being able to be read from a certain distance.
To me an obstruction is something in the way. The law would have to read that the driver was responsible for the licence plate being able to be read from a certain distance.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
I took a quick look through canlli to see if there was anything interesting to add to this topic. There's this judgment discussing the same charge where the driver had faded plates. The JP bounces through the section and its subsections to see if there's anything that specifically deals with faded/old plates and whether or not the correct charge was laid or maybe a more suitable charge would be more appropriate. It's pretty similar to the discussion here. The hangup, if anything, is the word "obstruction" and whether or not the definition could be stretched out to cover faded plate, or if you'd need to take some sort of action to obstruct the plate.
I took a quick look through canlli to see if there was anything interesting to add to this topic.
There's this judgment discussing the same charge where the driver had faded plates. The JP bounces through the section and its subsections to see if there's anything that specifically deals with faded/old plates and whether or not the correct charge was laid or maybe a more suitable charge would be more appropriate.
....This is a charge that Wolfgang Hoffner did on June 5th, 2013 at 6:47 a.m. at King Street North in the City of Waterloo commit the offence of obstruct plate, contrary to section 13(2) of the Highway Traffic Act. Now I have the evidence of Constable Conyers who was on routine patrol on that day when he discovered or saw a vehicle travelling in front of him with plates that he couldnt read from a distance, so he stopped that vehicle and discovered that the plates had nearly completely faded and were impossible to read at five metres even though it was light and it was overcast at the time....
....The officer said the plate was in good condition, just the blue paint faded off. There were minute traces of the paint...
He said I could not enter the plate until I made the traffic stop. Any sign that it was forcibly removed. No, just wear, faded elements. Age of plate good shape aside from blue paint on the digits. Cross-examination didnt bring anything new out of that testimony. Mr. Hoffner said that he was not aware that his plates were faded. He said he could read them. And he did replace the plate after this was brought to his attention.
Now, referring to the legislation because I am concerned with the wording of this legislation and, as you know I am bound by statute.
In section 13(1) it says no number other than that upon the number plate furnished by the Ministry shall be exposed on any part of a motor vehicle or trailer in such a position or manner as to confuse the identity of the number plate. Thats not the case here. Subsection 2 – number plate to be kept clean. Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire plate including the numbers is plainly visible at all times. And the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars or any part of the vehicle. Any attachments to the vehicle or the load carried.
Now this section seems to talk about an active, an action taken by a defendant that would obstruct the plate. I have no evidence that there was dirt and the numbers faded would be plainly visible except by reason that they were faded. It was not obscured or obstructed by spare tires, bumper bars or any part of the vehicle or attachments.
Now subsection 3 says the number plate shall not be obstructed by any device that prevents the entire number plates including numbers from being accurately photographed using a photo radar system.
And 3.0.1 says not obstructed by any device that prevents the entire plates, entire number plates including numbers from being accurately photographed using red light camera systems.
And 3.1 shall not be obstructed by any device or material.
When you look at these additional sections theyre all talking about obstruction. They dont talk about the age of the plate or the fact that the plate just wears out by normal wear and tear. Its almost as if the Ministry or the legislature didnt address this issue. So while I agree that faded plates should be required to be changed, Im not satisfied that I can stretch this section to cover that...
There is not anything actively done by the defendant to obstruct this plate and the section speaks of some sort of action in order to obstruct the plate. On that basis Im going to dismiss the charges; but if Im wrong, if a higher court reasons that faded plates equals obstruction and if that were the case given that the defendant replaced the plates as soon as he was able to replace them, I would have suspended sentence. So Im dismissing the charges. If Im wrong in law, I would have suspended the sentence given your financial situation and the fact that you replaced the plates. You are free to go and you dont have any fine to pay.
It's pretty similar to the discussion here. The hangup, if anything, is the word "obstruction" and whether or not the definition could be stretched out to cover faded plate, or if you'd need to take some sort of action to obstruct the plate.
Thank you everyone!! One more thing. On the disclosure CD that was sent to me, the name of the officer listed is different than the one on my ticket. Does this matter?
Thank you everyone!!
One more thing. On the disclosure CD that was sent to me, the name of the officer listed is different than the one on my ticket. Does this matter?
On the disclosure CD with the video of my interaction with the officer when I stopped me, it states the officers name as officer A. On the narrative text hard copy that came with the disclosure with his notes it says his name is officer B. There were two officers in the vehicle that pulled me over. Also, on my tickets there was no officer name listed, only a badge number, which matches the badge number on the disclosure notes, but is a different badge number than what's listed on the disclosure CD.
On the disclosure CD with the video of my interaction with the officer when I stopped me, it states the officers name as officer A. On the narrative text hard copy that came with the disclosure with his notes it says his name is officer B.
There were two officers in the vehicle that pulled me over.
Also, on my tickets there was no officer name listed, only a badge number, which matches the badge number on the disclosure notes, but is a different badge number than what's listed on the disclosure CD.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
