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.
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
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,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
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 area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…