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Ontario Highway Traffic Act

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License plate sticker...
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PostPosted: Thu Oct 27, 2011 11:31 pm 
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Joined: Thu Oct 27, 2011 11:17 pm
Posts: 2
Hello all,

I was on the 401 on Friday afternoon going from Ottawa to Toronto. As I'm driving in the left lane at around 115 km/h near Brockville, a cop speeds up to me. I pass by a car that's in the right lane, signal and switch lanes to let him pass.

There wasn't much room between the two cars but the cop follows me into the lane. He began tailgating me, I guess to get close to view my license plate. He saw my sticker was expired and pulled me over and issued me a ticket. I wasn't speeding and he obviously singled me out. I find it strange that he decided to follow me into the lane, especially because if he had seen my sticker had expired before I switched lanes he wouldn't have waited until I switched to put his siren on. In fact he still waited a full minute before pulling me over.

I simply forgot to get my sticker renewed (it expired in September). I just arrived back in town from Toronto so I'm going tomorrow morning to get my sticker.

So I have a few questions:

1) If I contest the ticket and ask for disclosure, does the cop have to explain the events as to why he pulled me over? If he doesn't provide all the details, such as that he followed me into the lane, does that constitute failure to disclose all the facts?

2) Is the ticket considered a traffic or parking fine? Because a plate sticker ticket can occur when the car is parked if the cop notices it.

3) If I take my sticker and the ticket to the court, has anyone had their ticket cancelled?

Thanks for the advice,
Mike


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Re: License plate sticker...
PostPosted: Fri Oct 28, 2011 12:31 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
1) No, as it's irrelevant to the charge.
2) It's a highway traffic act charge, a provincial offence. There are no demerit points, but it's a traffic ticket.
3) They may withdraw the charge, but it's by no means guaranteed. Quite likely they'll offer you a significantly reduced fine in exchange for a guilty plea.


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Re: License plate sticker...
PostPosted: Fri Oct 28, 2011 10:54 am 
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Joined: Thu Oct 27, 2011 11:17 pm
Posts: 2
Stanton wrote:
1) No, as it's irrelevant to the charge.
2) It's a highway traffic act charge, a provincial offence. There are no demerit points, but it's a traffic ticket.
3) They may withdraw the charge, but it's by no means guaranteed. Quite likely they'll offer you a significantly reduced fine in exchange for a guilty plea.


1) You don't think so? He has to show just cause for following me and pulling me over. I wasn't speeding yet he decided to follow me as I switched lanes. All I was doing was driving a nice car. I've read that he has to show just cause for his actions as part of his case. Is that true?


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Re: License plate sticker...
PostPosted: Fri Oct 28, 2011 10:59 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Absolutely not true.

The HTA allows police to stop and check the documentation of any vehicle. His actual reasoning to pull you over sounds pretty obvious anyways, the expired plate sticker.

Don’t assume if the officer noticed your plate he’d pull you over right away. They frequently check plates on their computer system to see if the car is stolen, driver wanted and just verify information. They may also wait for other traffic to get out of the way or a better stretch of road to conduct a safe stop.

Regardless, the JP won’t care why the officer was following you.


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Re: License plate sticker...
PostPosted: Sat Oct 29, 2011 10:41 am 
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Joined: Thu Mar 18, 2010 9:39 am
Posts: 254
Location: The Valley
+1 to Stanton, the officer can stop anybody they want, whenever, wherever and that's been upheld by superior courts.


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Re: License plate sticker...
PostPosted: Sat Oct 29, 2011 1:21 pm 
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Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
See Ladoceur (1990) Supreme Court.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Re: License plate sticker...
PostPosted: Sat Dec 24, 2011 12:11 pm 
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Newbie

Joined: Sat Dec 24, 2011 10:10 am
Posts: 18
MikeLowry wrote:
Hello all,

I was on the 401 on Friday afternoon going from Ottawa to Toronto. As I'm driving in the left lane at around 115 km/h near Brockville, a cop speeds up to me. I pass by a car that's in the right lane, signal and switch lanes to let him pass.

There wasn't much room between the two cars but the cop follows me into the lane. He began tailgating me, I guess to get close to view my license plate. He saw my sticker was expired and pulled me over and issued me a ticket. I wasn't speeding and he obviously singled me out. I find it strange that he decided to follow me into the lane, especially because if he had seen my sticker had expired before I switched lanes he wouldn't have waited until I switched to put his siren on. In fact he still waited a full minute before pulling me over.

I simply forgot to get my sticker renewed (it expired in September). I just arrived back in town from Toronto so I'm going tomorrow morning to get my sticker.

So I have a few questions:

1) If I contest the ticket and ask for disclosure, does the cop have to explain the events as to why he pulled me over? If he doesn't provide all the details, such as that he followed me into the lane, does that constitute failure to disclose all the facts?

2) Is the ticket considered a traffic or parking fine? Because a plate sticker ticket can occur when the car is parked if the cop notices it.

3) If I take my sticker and the ticket to the court, has anyone had their ticket cancelled?

Thanks for the advice,
Mike




Take it to trial.

They may bargain to reduce the ticket by $40 or so, but if you take it to trial the cop may not show up and you are completely off.
Clog the courts with trials and don't be intimidated by the prosecutor or JP telling you otherwise.
Send someone in the first time to say you cannot make it and wish to reschedule.
This gives you a longer period for events to happen so the cop can't make it in as a witness.
Has worked for many people...
Clog the courts with trials so the cops don't steal your hard earned money.


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Re: License plate sticker...
PostPosted: Sat Dec 24, 2011 2:18 pm 
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Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
ticket123 wrote:
MikeLowry wrote:
...
Take it to trial.

They may bargain to reduce the ticket by $40 or so, but if you take it to trial the cop may not show up and you are completely off.
Clog the courts with trials and don't be intimidated by the prosecutor or JP telling you otherwise.
Send someone in the first time to say you cannot make it and wish to reschedule.
This gives you a longer period for events to happen so the cop can't make it in as a witness.
Has worked for many people...
Clog the courts with trials so the cops don't steal your hard earned money.
lack of officer's attendance is really a hail mary imo

when they reschedule the trial, they make sure that the courts, officer & defendant will be available on the new date

+ sending someone on your behalf to adjourn stops the 11b clock


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