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Ontario Highway Traffic Act

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Expired plate that was 9 years old.
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PostPosted: Thu Apr 01, 2010 2:54 pm 
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Joined: Thu Apr 01, 2010 1:47 pm
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Let me start by saying I did park the car for those 9 years. Last night, first time out in 9 years I took it for a short test drive (5 km). And promptly got pulled over by a sharp eyed officer who noticed that the cover on my license plate had gone hazy. I had proper up to date insurance, but was in the process of getting a new validation sticker (got it this morning in fact). She said instead of just getting a regular ticket for expired plates, she gave something called a "summons to defendant" and that I face a fine of up to $5000 and that they could back charge me for 9 years worth of validation and that I would have to explain myself in front of a judge of why I was driving a car with such old expired plates.. I kept my mouth shut, said I had made a mistake but she was incorrect I had not driven that car in 9 years. It was in storage. I'm confused here. 1) It's not my car. It's not registered in my name. It's my wifes. Why would I get tagged for 9 years worth of registration or this 5k fine when it's not my car. 2) How do you prove a negative? I hadn't driven the damn car in 9 years. It only has 140,000km on it and it's 15 years old. How do I shift the burden of proof to the crown? It's seems unfair they're making such a case out of a small error in judgement. And last, should I or do I need a lawyer? Can I go to jail for this?

Any help is appreciated.


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PostPosted: Thu Apr 01, 2010 6:45 pm 
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Joined: Thu Mar 18, 2010 9:39 am
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Location: The Valley
You have a first appearance, which won't be a trial. Talk to the prosecutor to see if you work something out on that day, if you are uncomfy with their request, then get a paralegal...

The officer talked about a lot of worse case scenrarios, it's just so you appreciate what is possible, but highly unlikely...

Like Break & Enter can get you 14 years, never seen anybody get a 1/10 of that...


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PostPosted: Fri Apr 02, 2010 7:22 am 
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Thanks. The whole thing seems pretty stupid. On my part as well as the police. I dug out all of my receipts for the work I've done on the car over the years, pictures of the car up on jack stands, copies of the etter I sent and received to my insurance company where I said "I put the car off the road and won't be putting insurance on it again until I'm closer to getting it road worthy, so please cancel the insurance effective etc, etc"...How is the crown going to prove I drove the car? Making an accusation without proof is a slippery slope. I've never been in trouble with the law, and haven't got a speeding ticket in 20 years.
Thanks for the advice.
J>


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PostPosted: Fri Apr 02, 2010 10:16 am 
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Location: The Valley
There will be no allegation other than on the date on the summons you were driving.

If you testify the crown may challenge you as to whether or not it's been driving around for 9 years, but it'll mean nothing other than to show the JP that you deserve a larger fine if you admit to doing it. Don't.

All they have it the day the stopped you...


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PostPosted: Fri Apr 02, 2010 5:06 pm 
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Thanks FS.

Your advice is appreciated.

J.


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