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Ontario Highway Traffic Act

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Invalid Permit
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PostPosted: Wed Oct 26, 2011 2:39 pm 
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Joined: Tue Nov 09, 2010 8:58 pm
Posts: 27
Location: Toronto, Ontario
Hi I got pulled over a few days after my birthday. My plate sticker was October and got pulled over in October. I was under the impression that plate was good till end of the month but apparently it expires on your birthday?

Any way the officer put the charge as

DRIVE MOTOR VEHICLE - NO CURRENTLY VALIDATED PERMIT
contrary to: HTA

Wondering of not specify the HTA section/sub section is a fatal error worthy of dismissal?

Is there a sticky or post that has list of fatal errors to look for on ticket?

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Re: Invalid Permit
PostPosted: Wed Oct 26, 2011 3:56 pm 
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Commercial plates expire at end of the month. Personal plates expire on the birthday of the owner. No section # may be good enough to get the ticket quashed. You always have to think of errors in terms of how they have prejudiced your ability to make full answer and defence. Courts are not sympathetic to technical errors that have no prejudice (example: officer put the last name where the first name should go - that doesn't prejudice your ability to make a defence).

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Last edited by Simon Borys on Wed Oct 26, 2011 3:59 pm, edited 1 time in total.

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Re: Invalid Permit
PostPosted: Wed Oct 26, 2011 3:58 pm 
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Joined: Tue Nov 09, 2010 8:58 pm
Posts: 27
Location: Toronto, Ontario
So do I just tell the prosecutor before trial or wait to tell JP?

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Re: Invalid Permit
PostPosted: Fri Oct 28, 2011 1:44 pm 
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Joined: Tue Nov 09, 2010 8:58 pm
Posts: 27
Location: Toronto, Ontario
Can I file a motion to have ticket invalidated based on error?

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