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Ontario Highway Traffic Act

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no currently validated permit
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PostPosted: Mon Dec 27, 2010 12:14 pm 
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I live next door to the local OPP station and was given a ticket in my driveway because my sticker was not up to date. I came right in the house and booked an eTest for the next day, believing for sure that my truck would not pass. It did pass which made me very happy but it was too late to get my sticker as the license bureau was closed. The next morning I headed into town rather than going to work so that I could get my sticker and passed two OPP cars headed in the other direction. Before long one was behind me with lights flashing and I pulled over. I showed him the ticket I had received the day before and my Etest which was on the dash. He wouldn't let me talk but got in his cruiser and came back with a ticket. I did go and get my sticker so all is fine now but the second ticket states the occurrence was on HWY401 and we were on HWY2 and no where near 401.
My questions are: is it a valid ticket if given in my driveway on my own property and what about the officer giving the wrong location on the second ticket?
I have been advised to send the tickets in with not guilty plea and present my paperwork before trial in hopes they will be dismissed. Does this sound reasonable to those with more experience in these matters? Any thoughts on this situation would be much appreciated.


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Re: no currently validated permit
PostPosted: Tue Dec 28, 2010 12:53 am 
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qsuss wrote:
My questions are: is it a valid ticket if given in my driveway on my own property and what about the officer giving the wrong location on the second ticket? Your driveway is not a highway as defined by the HTA, therefore you are not required to have your validation sticker up to date while in your driveway. Location can be amended on the certificate at a trial. The prosecutor can and likely will ask for it and you can of course oppose it. JP's usually will amend where there is no prejudice to the defendant's ability to make a full defence to the charge.
I have been advised to send the tickets in with not guilty plea and present my paperwork before trial in hopes they will be dismissed. Does this sound reasonable to those with more experience in these matters? That is often the case where the ticket for val tag is very close to the date it expired, even more likely for the second one in your situation.

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Re: no currently validated permit
PostPosted: Tue Dec 28, 2010 3:59 pm 
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Joined: Mon Dec 27, 2010 11:03 am
Posts: 2
Thanks for your reply, can you tell me what the procedure is if i go for a trial date? Will I have the opportunity to speak with someone about this and possibly settle it before trial? I am guilty of driving without my sticker so won't be upset if i have to pay a fine but it would be nice to get rid of the other one.


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