I'm not certain if this is the best place to post this but I couldn't find a better spot. This morning I got pulled over about a block from my house and received a ticket under section 74(1) - No Clear View to the Front, and I'm wondering what my odds of beating it are. My Story: I left the house this morning, turned on the car and scrapped the frost off the outside. Since the car had been sitting for four days there was also a build up on the inside of the car. I spent a few minutes scrapping the inside, but the brush only takes off a bit per scrape, so I ended up with more of a checkerboard pattern. The key area's of my windshield where probably 75% clear and I felt I had a good unobstructed view of the road. I pulled on to the street, turned the corner and noticed an unmarked cop car sitting on the side of the road ahead of me. Since I hadn't got my seatbelt on yet (bad habit but I usually put it on as I drive to the main road), I pulled the it on and stopped at the 4 way stop. At which point I stalled the car (only been driving standard for a month), I got the car going turned the corner, and then got pulled over. The cop approached and I was expecting to get a seatbelt warning, however he stepped forward and glanced at my windshield then proceed to give me heck for driving though a "small hole in the windshield". I believe that my windshield was sufficiently clear to provide an unobstructed view, so I do intend to fight this ticket. As of right now I intend to argue. 1) The Cop (OPP) glanced at the windowshield from above and beside it, and thus is under able to provide evidence of the driver's view. 2) Strict Liablity - That I took reasonable care to create a clear view and believed that I did. I was wondering people's thought of my success, and/or other approaches. Thanks for you input.

Topic

Help - Section 74(1) No Clear View to the Front

by: Frozenover on

16 Replies

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Re: Help - Section 74(1) No Clear View to the Front

Congratulations! Nice work. :D

Congratulations! Nice work. :D

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
viper1
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Re: Help - Section 74(1) No Clear View to the Front

Good work. You probably clean your windows now too.(great) I think you learned a lot from this experience. If you had watched for the 3 hours you would have gotten to see how others did it.(or not) Cheers Viper1

Frozenover wrote:

I just wanted to provide a final update to this thread since I hate how many other threads end the day before court and we never get to find out how things ended up.

Yesterday I arrived in court prepared to do battle arguing legal points before the Justice. I was ready with:

1 An 11b Motion to stay due to unreasonable delay.

2) A Motion to Quash the ticket based on the ticket being on an old form.

3) A Motion of "Non Suit" based upon the expected testimony.

4) A prepared list of questions.

5) A prepared closing statement.

6) Copies of various cases to prove my points.

I walk into the court room and approach the crown to let him know I was there and to see if I can get my case dealt with earlier in the day. The Crown pulls my file, quickly reviews it then states "we are going to be with drawing the charges". I WIN!

I hope that they withdrew the charges as a result of my 11b application, but my win felt very anti-climatic, I was keyed up for a battle. I wanted to win because of a motion I made and the work I put into being prepared.

Of course Im thrilled that I won, and I know that if I had to sit in court for a few more hours before I got my turn I would have wished for the outcome that I actually got. Not to mention everybody else sitting in the court room wishing that they could be as "lucky" as I was. Strange but somehow I felt cheated by how it came about.

If I had to do it again for a minor charge I would probably request a trial, and file for disclosure, but would come to court prepared to take a deal from the crown. It feels like the process of going to trial is a punishment and your better of to just take the deal and get it over with.

Anyways I just wanted to thank everybody for there help and making this such a great site. I learned a lot and plan to stick around and add my 0.02 on other peoples problems.

Good work.

You probably clean your windows now too.(great)

I think you learned a lot from this experience.

If you had watched for the 3 hours you would have gotten to see how others did it.(or not)

Cheers

Viper1

"hang onto your chair when reading my posts
use at your own risk"

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