Came across this site and thought I'd just ask for some 2nd opinions. Am I missing anything in my analysis? I think I have a fairly winnable case.
First some background:
- Jan 2017: My wife bought a new vehicle. Dealership gave her the registration paperwork original, and placed a photocopy in the glove box. Photocopy was of another customers car (we didn't realize).
- June 2018: I went to renew wife's plate sticker for 2 years. Used the documents from her glove box. I ended up buying the sticker for the other guys car, and putting that on her car.
- March 2019: Police pulled wife over. Ticket for not having permit (she presented the photocopy, but of course it wasn't for her car...that's when it came to light), ticket for not having renewed her own sticker, ticket for using a sticker on her car which wasn't intended for her car. Specifically OHTA 12(1)(E), 7(5)(A), 7(1)(A)
I have requested disclosure (today). Trial is in September. Prosecutor early resolution line only willing to drop 2 tickets if we plead guilty to the third - not willing to accept our version of events without officer present to give his side. Wife has requested the dealership provide us with a letter acknowledging their mistake (they seem hesitant, need to look at their files, will have to follow up - I guess they think we want to come after them...which we don't).
My understanding is that this should be an easy three cases to win - if I am allowed to present a strict liability defense. We acted at all times like a reasonable person would - we had no reason to assume the dealer had given us wrong documents, we renewed her plate on time (even if we got an incorrect sticker).
Am I missing anything here? Is there relevant case law anyone knows of which would help? I'm thinking on the day of the trial the prosecutor will drop the charges once we chat and I present all my evidence (I still have the receipt from June 2018 sticker purchase, other guy's photocopy, hopefully dealership letter, etc.).
Thanks in advance for any comments!
Your analysis and defence would be great except for the renewal of the sticker. If I were the prosecutor, I would wonder how diligent you were in checking the address, plate number, etc., on the permit and would argue that you should have noticed the discrepancy. At that point, you should have tried to set things straight.
On the other hand...if you renewed the plate online, the website should have asked for the permit number. That number shouldn't have matched the one on file for the plate and should have stopped the process.
Maybe that last part could be part of your defence as well. For the record, I'm on your side. My first paragraph is just me playing Devil's Advocate. Good luck with the case. I hope you're successful.
Thank you Zatota for your reply.
I renewed the sticker in a local Service Ontario office. I wish I had noticed, and it still surprises me that they didn't. You're right that I didn't double-check the details on the photocopy - but then, I wouldn't think normally I'd have to...the details don't normally change.
I agree with you entirely. The prosecutor, however, would say you're responsible for what's there. I still wish you luck. You may find someone with some compassion.
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