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Ontario Highway Traffic Act

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Can you quash a ticket improperly given?
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PostPosted: Thu Aug 04, 2011 12:48 pm 
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Joined: Thu Aug 04, 2011 12:34 pm
Posts: 22
By that I mean, I have a court date coming up on Aug 24. 2011 (ticket was issued last July so I know there's a 11b issue there as well) for cell phone use whilst driving. However, in subesection 6 of the exemptions of the eact it states....

Same

(6) Subsections (1) and (2) do not apply if all of the following conditions are met:

1. The motor vehicle is off the roadway or is lawfully parked on the roadway.

2. The motor vehicle is not in motion.

3. The motor vehicle is not impeding traffic. 2009, c. 4, s. 2.


Now, I was in a private parking lot of a supermarket, off the road with the car in park when the phone rang and I answered it. The cop was across the road fcing south - he was doing radar - when he looked over and saw me answer the phone and waved me over. So I hung up, drove across the road where he proceeded to give me the ticket. He also gave me another ticket because my validation permit had just expired - that was just a simple case of me forgetting to renew it - and he said if I went to court for it the judge would dismiss it so long as I showed I got a new permit - which I did.

So, the fact is he should have never pulled me over in the first place. So can I make a motion to quash both tickets on those grounds - if the cop actually shows up and I have to argue it?

Cheers
Hal


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Expired Validation Permit...
PostPosted: Thu Aug 04, 2011 12:51 pm 
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Joined: Thu Aug 04, 2011 12:34 pm
Posts: 22
Hey all, anyone ever get a ticket for an expired validation permit before? I really quite simply forgot about and got a ticket. The cop told me to go to court and just show the judge I got a new permit - which I did the next day - and he would dismiss the ticket. Anyone ever deal with this before? Is that the case? What would you plead? No contest? Not guilty?


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Re: Expired Validation Permit...
PostPosted: Thu Aug 04, 2011 1:33 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
I suggest selecting option 3 and speaking with the Crown. Some will withdraw the charge if you can show everything is in order. At the very least they will probably offer you a reduced fine in exchange for pleading guilty. The Justice of the Peace can only reduce the fine, not withdraw the charge on a guilty plea.


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Re: Can you quash a ticket improperly given?
PostPosted: Thu Aug 04, 2011 1:35 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
You could reasonably fight the cell phone ticket since you were off the roadway using it. As for the val tag, see my response in your other post. Really should merge the threads, not sure why you started two posts for the same charge.


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