13(2) Obstructed number plate violation - need advice

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jblake
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13(2) Obstructed number plate violation - need advice

by: jblake on
Sun Jan 17, 2010 11:18 am

Received a ticket for an obstructed number plate. No dirt, snow, or anything like that was blocking it. According to the officer, the frame around the plate was blocking enough of the plate to deem it a violation of sec 13(2). $115 ticket. A speeding ticket was also issued, which was the original reason for being pulled over.

This frame around the plate was given by the dealership the car was bought from, new, as a courtesy to all it's customers, just like most dealerships do for their customers for some free advertising. You see these frames on pretty much every car out there. Speaking to the sales guy at the dealership, for all the years they've given out these frames this is the first time he's ever heard of such a ticket being issued because of their frames.

On closer inspection the frame was covering the bottom portion of the plate that says 'Yours to Discover'. Never really paid attention to this before, however everything else was clearly visible, even clear enough for the 407 to take a photo of the plate in the past.

I plan on fighting this. Advice? Opinions? My main issue with how I will be able to argue the ticket is in sec 13(2) it states "entire number plate", which pretty much means the whole thing and isn't really open to any interpretation.

On a side note, this type of ticket really hurts members of the community's opinion of Police. A warning would suffice instead of issuing a $115 ticket AND a speeding ticket to a new driver (not me) when being pulled over for speeding their first time, while driving their parents car Way to look out for the community PRP.

Thanks.
Last edited by jblake on Sun Jan 17, 2010 12:56 pm, edited 3 times in total.


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hwybear
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by: hwybear on
Sun Jan 17, 2010 12:28 pm

HTA 13(2)
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
Last edited by hwybear on Sun Jan 17, 2010 12:46 pm, edited 5 times in total.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


jblake
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by: jblake on
Sun Jan 17, 2010 12:32 pm

The speeding ticket was issued as well as the plate violation. 2 tickets. The speeding is her own fault, it was her first time being pulled over for speeding (not the first time in the car), however the plate is another issue.

Edit above, grammar error.


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hwybear
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by: hwybear on
Sun Jan 17, 2010 5:39 pm

I have issued the offence before for obstructed plate by attachments (box thing covering plate and a winch covering a plate). It is an easy offence to find in the summer months with all the bicycles hanging over the rear plates (just saying, have not issued that)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: jblake on
Sat Jan 23, 2010 6:53 am

Ticket quashed, prosecutor thought it was ridiculous, worship thought it was even more ridiculous.


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by: hwybear on
Sat Jan 23, 2010 11:58 am

congrats,

I was just thinking of this today as I drove to Windsor and was going to dig up this post after coming home. Seemed almost every vehicle has the dealer bracket. Probably 95% are good and the other 5% were bad.

The bad ones were a little thicker on the bottom and could not determine if the letter was an E or F, 7 or Z.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


jblake
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by: jblake on
Sun Jan 24, 2010 3:48 am

It's really amazing that dealerships give out these frames for licence plates when in fact they are illegally covering portions of the plate. For police officers this would be a good way to justify pulling someone over for a check.

I've since taken off the frames I have on my cars plates. There should be some sort of mandate that prohibits dealerships from giving out these frames.

Thanks hwybear for the advice and input.


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by: racer on
Sun Jan 24, 2010 6:37 pm

The prudent option would be to call the dealership and tell them that their plate covers are too thick on the bottom and caused you trouble. Hopefully they get the message and order some thinner ones for their next customers.
"The more laws, the less justice" - Marcus Tullius Cicero
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by: Bookm on
Mon Jan 25, 2010 2:24 pm

By reading the statute above, I'll assume my plate is technically illegal, while buddy beside me is legal.

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jblake
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by: jblake on
Fri Jan 29, 2010 4:42 pm

Bookm wrote:By reading the statute above, I'll assume my plate is technically illegal, while buddy beside me is legal.

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Were you on Canada's Worst Driver?? haha


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Bookm
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by: Bookm on
Sun Jan 31, 2010 9:44 am

Mayyyybee...


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by: Radar Identified on
Sun Jan 31, 2010 5:33 pm

hwybear wrote:I was just thinking of this today as I drove to Windsor and was going to dig up this post after coming home. Seemed almost every vehicle has the dealer bracket.
Pretty much... I had dealer tags on mine (bought the car in Windsor) but removed them. Not that I minded being a "rolling advertisement" :lol:
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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