Pulled plates

Moderators: Reflections, admin, hwybear, Radar Identified, Decatur, bend

DonaldC
Newbie
Newbie
Posts: 3
Joined:

Pulled plates

Unread post by DonaldC on

0115 at night coming home from work and I was pulled over for a head light out. I am 21 yrs old and the officer decided he should inspect my car in the dark with a small flashlight. He noticed a small crack in my windshield and then told me my tires were too worn. At this time he also wanted to inspect the interior of the car for drugs and alcohol, which I had NONE, as I would in a job were a urine sample is asked for due to the potential dangers involved in the job. The officer then proceeded to write UNFIT on my ownership and took my plates off the car. So the tow truck had to tow it to a garage. The officer left me no instructions on what to do, no list of faults with my car, no instructions on how to get my plates returned, just a court date 3 months down the road. Looking for suggestions on what to do?? how do I get my plates back? X-Chopper says the charge can be up to $5000.00 Licence, ownership, insurance all up to date,........................kicker as well I went to have the car towed to another garage, and the tow company says they can not tow a car with no plates??? so I am frustrated to say the least, all over a head light out??
Suggestions please
thanks :)


bend
Moderator
Moderator
Posts: 1153
Joined:

Posting Awards

Moderator

Unread post by bend on

If your car has been labelled unfit, you'll need to have it inspected and repaired so it is considered safe for the roads (safety certification). You'll need to replace your windshield, tires, and anything else deemed unfit in order to pass. You can't get your plates without passing, so start with the basics.


DonaldC
Newbie
Newbie
Posts: 3
Joined:

Unread post by DonaldC on

YEs I understand what a safety is and what is required, more concerned about what the charge is and what I can expect for the fine and points??


ynotp
Sr. Member
Sr. Member
Posts: 548
Joined:
Location: Ontario

Posting Awards

Unread post by ynotp on

If the mechanic deems that the car does not need repairs then you can fight the charge . If it is not a commercial vehicle the fines are usually far less than the maximum especially if you have made the required repairs. Years ago the ticket would be withdrawn if you showed proof of repairs but I haven't heard of that being the practice lately.


DonaldC
Newbie
Newbie
Posts: 3
Joined:

Unread post by DonaldC on

If I just decide to scrap the car, would that be a guilty plea? As getting a safety may not be worth it?
If I scrap the car do I still need to attend court?


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

Scrapping the car is not a guilty plea. If you scrap the car, you still have to attend court for the charges. They may reduce the charge, though, if the car is scrapped or repaired.

When you get the court date, file for disclosure of the officer's notes. If you are using a paralegal, they'll do that for you. Then you (or your representative) will review the evidence to see why the officer decided to do a full inspection of your vehicle. The key thing is to try to introduce reasonable doubt as to whether the vehicle was unfit or not. If a safety inspector says no, the vehicle is fit, then that throws the Prosecutor's case out the window and they'll almost certainly drop the charge. Find out how much the safety inspections/repairs will cost, talk to your paralegal (if you're using one) and make a decision from there.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


jsherk
High Authority
High Authority
Posts: 1722
Joined:

Unread post by jsherk on

With regards to the windshield, where was the crack? The HTA itself does not specify anything about cracks in the windshield, but there is an O.Reg for safety inspections that says there can be no cracks/chips anywhere on the drivers side of the window where the wiper blade wipes. So if the crack or chip is outside that area, then the windshield is not an issue. However, many inspection places do like to safety the vehicle with a crack in the windshield regardless of the location of the crack/chip (because it could get bigger) so might have a hard time finding one that will pass it.

Once you get disclosure from the officer, you can then find out how detailed his notes are. For example did he measure the depth of the tread on your vehicle and/or put other details as to the sate of your tires in his notes, or does he simple comment that "they were worn" without any details.
DonaldC wrote:At this time he also wanted to inspect the interior of the car for drugs and alcohol
As a general rule (which would appear to apply to your situation), unless officer has a search warrant, you do NOT need to let him search you or your vehicle. Know your rights!!! Read this topic: http://www.ontariohighwaytrafficact.com/topic7032.html

I think in order to get your car back to "fit" you need to get a safety inspection done on it. So of course the downfall is that if there is anything wrong, then this does not help your court case. If there is nothing wrong, then that is great news for your court case. And yes, I have heard that tow trucks apparently cannot tow a car without a plate on it... not sure if there are ways around that or not (like what if you ride with the tow truck and have the ownership with you). Of course they towed it from the scene without a plate so go figure!




+++ This is not legal advice, only my opinion +++


Post Reply

Return to “General Talk”