Good day everyone. First time poster. Short version of a longer story: I was ticketed for no front licence plate. Being a lawyer with a hobbyhorse for Highway Traffic Act matters, I'm inclined to take a swing at having the law struck down. The prosecutor has offered to withdraw the charge in exchange for proof of my complying with the law - i.e. drilling a licence plate onto my front bumper and giving them a photo of it. I said no, and filed a Notice of Constitutional Question. The upshot of my pitch is that the law requiring a front licence plate is arbitrary and divorced of any valid interest underlying the regulation of Ontario's highways. Being stopped/detained/charged on the basis of an arbitrary law is in violation of s. 7 and 9 rights to liberty, security of the person and the right not to be arbitrarily detained (i.e. unconstitutional). Re arbitrariness: I intend to argue that the law as it stands, among other things, incentivizes and manifests in unsafe front mounting and display practices (thinking of all the guys rolling around with their plates on their dash - essentially a flying knife in event of crash); compounds damage and danger from double the amount of plates/screws/nuts/bushings/brackets/plastic/etc. falling off and littering Ontario highways, doubling the deluge of rusty screws and other hazards, body/windshield/tire damage, etc.; impedes air flow and intake, increasing drag and emissions; and otherwise damaging, depreciating and degrading vehicles aesthetically, technically and literally, without any countervailing benefit, interest or purpose. Among other things. I'm reaching out here (and on other forums) in the interest of putting my best foot forward. So if anyone can point me to one or more authoritative sources or persons who can speak to some or all of these things, arbitrariness (even counter-productivity) of the law, safety, performance, even aesthetics, that would be helpful (see: necessary). My thinking is real artists put real effort into creating real art, that thought, expression and beauty go into front design, etc. Requiring tens of millions of motorists to drill an ugly, rusty duplicate plate to it serves no valid purpose, and in fact undermines other valid purposes like value, performance, safety, environment, etc. It deprives us all of a little beauty in the world, for no good reason. Note that 9 of 14 provinces/territories don't require a front plate. Anyway that's my aim here. I don't care about the $85 if I'm convicted. I'm making a Hail Mary attempt at changing the law. And it really is a Hail Mary. Courts are loathe to interfere with legislative intent expressed through statutory language. But I'm willing to go down swinging, and there's a smidgen of a chance I win - in which case we ALL win with a precedent-setting decision applicable throughout the province. Worst case scenario we'll have a bad decision we can send to Doug Ford with a cap-in-hand plea to cut it out with this front plate BS and change the law ;) I'm no good at forums and signed up here specifically for this purpose. If anyone has any other ideas or reasons why this law is arbitrary, or other bases of attack, I've set up an email address you can reach me at: NoFrontLicencePlate [at] gmail [dot] com. Cheers guys, wish me luck.
Good day everyone.
First time poster.
Short version of a longer story: I was ticketed for no front licence plate. Being a lawyer with a hobbyhorse for Highway Traffic Act matters, I'm inclined to take a swing at having the law struck down. The prosecutor has offered to withdraw the charge in exchange for proof of my complying with the law - i.e. drilling a licence plate onto my front bumper and giving them a photo of it. I said no, and filed a Notice of Constitutional Question. The upshot of my pitch is that the law requiring a front licence plate is arbitrary and divorced of any valid interest underlying the regulation of Ontario's highways. Being stopped/detained/charged on the basis of an arbitrary law is in violation of s. 7 and 9 rights to liberty, security of the person and the right not to be arbitrarily detained (i.e. unconstitutional).
Re arbitrariness: I intend to argue that the law as it stands, among other things, incentivizes and manifests in unsafe front mounting and display practices (thinking of all the guys rolling around with their plates on their dash - essentially a flying knife in event of crash); compounds damage and danger from double the amount of plates/screws/nuts/bushings/brackets/plastic/etc. falling off and littering Ontario highways, doubling the deluge of rusty screws and other hazards, body/windshield/tire damage, etc.; impedes air flow and intake, increasing drag and emissions; and otherwise damaging, depreciating and degrading vehicles aesthetically, technically and literally, without any countervailing benefit, interest or purpose. Among other things.
I'm reaching out here (and on other forums) in the interest of putting my best foot forward. So if anyone can point me to one or more authoritative sources or persons who can speak to some or all of these things, arbitrariness (even counter-productivity) of the law, safety, performance, even aesthetics, that would be helpful (see: necessary). My thinking is real artists put real effort into creating real art, that thought, expression and beauty go into front design, etc. Requiring tens of millions of motorists to drill an ugly, rusty duplicate plate to it serves no valid purpose, and in fact undermines other valid purposes like value, performance, safety, environment, etc. It deprives us all of a little beauty in the world, for no good reason. Note that 9 of 14 provinces/territories don't require a front plate.
Anyway that's my aim here. I don't care about the $85 if I'm convicted. I'm making a Hail Mary attempt at changing the law. And it really is a Hail Mary. Courts are loathe to interfere with legislative intent expressed through statutory language. But I'm willing to go down swinging, and there's a smidgen of a chance I win - in which case we ALL win with a precedent-setting decision applicable throughout the province. Worst case scenario we'll have a bad decision we can send to Doug Ford with a cap-in-hand plea to cut it out with this front plate BS and change the law
I'm no good at forums and signed up here specifically for this purpose. If anyone has any other ideas or reasons why this law is arbitrary, or other bases of attack, I've set up an email address you can reach me at: NoFrontLicencePlate [at] gmail [dot] com.
You might want to find a retired Ontario Superior or federal Supreme Court judge and consult them because, to me, all of your arguments presented are either irrelevant or are not subject to the Charter of Rights and Freedoms.
You might want to find a retired Ontario Superior or federal Supreme Court judge and consult them because, to me, all of your arguments presented are either irrelevant or are not subject to the Charter of Rights and Freedoms.
While I applaud your initiative I also doubt you have much chance of success. Where I'd rather see a lawyer invest some personal time is on the topic of administrative monetary penalties and/or roadside license suspensions, where there is a presumption of guilt.
While I applaud your initiative I also doubt you have much chance of success.
Where I'd rather see a lawyer invest some personal time is on the topic of administrative monetary penalties and/or roadside license suspensions, where there is a presumption of guilt.
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural…