RE: HTA sec. 13 (2) PLATE NOT PLAINLY VISIBLE

I HAVE A COURT DATE COMING UP ON MAY 26, 2011. FOR A DIRTY LICENSE PLATE. THE TICKET WAS ISSUED ON MAY 23, 2010. COULD I ASK THE JUDGE TO THROW IT OUT ON THE GROUND OF STATUE OF LIMITATION? SINCE, THE TICKET IS OVER A YEAR? OH, THE COURT IS IN SCARBOROUGH AT 1530 MARKHAM RD. I ALSO, WENT ON APRIL 29, 2011 TO REQUEST FOR DISCLOSURE, BUT ON THE FORM IT SAID ALL REQUEST REQUIRES 6 TO 8 WEEKS TO PROCESS AND I HAVE NOTHING FOR DISCLOSURE. I'M PLANNING TO GO TO COURT ON THE MAY 26, 2011 TO ASK FOR A DIFFERENT DATE? ON THE GROUND OF NOT HAVING FULL DISCLOSURE? AS THE COURT DATE IS APPROACHING I WOULD APPRECIATE IF ANYONE COULD HELP. THANKS

Does anyone think that its a good idea if I was to go to court and get the court date change in order for a better chance to get this ticket thrown out? Please advise, cause I'm running out of time before the court date. Thanks

you have to give the crown 8-9 weeks before your trial date if you want disclosure; the crown can argue that you did not give them enough time to prepare the disclosure package

As for the one-year you have to file an application to stay proceedings ( 11 (b) ) 15-days prior to your trial

http://www.ontariohighwaytrafficact.com/topic2952.html

so right now your only option is to plead guilty to a lesser charge or hope for a no-show of the officer

Thank you, iFly55;

For the advise. Is there a possibility that the police officer might have lost/no record of the incident? Or anything of that nature? Thanks

pqtran wrote:

Is there a possibility that the police officer might have lost/no record of the incident? Or anything of that nature? Thanks

Very unlikely for an officer to have no notes or to have lost them.

Thank you, Stanton;

For your advise. A friend of mind said that once he went to court and the case was withdrawn because the court doesn't have any record on the case. I appreciate any advise.

If your friend's case probably the officer forgot to submit the ticket or it wasn't processed properly. It does happen from time to time, but just don't be counting on it.

Wooo:

Went to court yesterday. The police officer showed up. I though, ah I was going to lose for sure, maybe I should plea guilty with a lesser charge. I was called up to face the JP, I stated my name the prosecutor then said the police officer has drop the charges. Wow, then the court clerk stated my name the said that the court has withdrawn the case and I may leave. So, that just to say that you should always seek for a trial date for all your traffic ticket. Thanks for great forum and all the great members for all the advises.

To be frank with you, you're guilty on the grounds that a "number plate to be kept clean". "Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried." - HTA 13 (2). Good that they threw it out. It is a kind of BS law, but if they need to read the plate, they need to be able to read it.