Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 7 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Pulled plates
Author Message
PostPosted: Sun Jun 21, 2015 2:02 pm 
Offline
Newbie

Joined: Sun Jun 21, 2015 1:35 pm
Posts: 3
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 :)


Top
 Profile  
 
Re: Pulled plates
PostPosted: Sun Jun 21, 2015 3:39 pm 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
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.


Top
 Profile  
 
Re: Pulled plates
PostPosted: Sun Jun 21, 2015 3:49 pm 
Offline
Newbie

Joined: Sun Jun 21, 2015 1:35 pm
Posts: 3
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??


Top
 Profile  
 
Re: Pulled plates
PostPosted: Sun Jun 21, 2015 8:58 pm 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
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.


Top
 Profile  
 
Re: Pulled plates
PostPosted: Mon Jun 22, 2015 7:39 am 
Offline
Newbie

Joined: Sun Jun 21, 2015 1:35 pm
Posts: 3
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?


Top
 Profile  
 
Re: Pulled plates
PostPosted: Mon Jun 22, 2015 3:30 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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


Top
 Profile  
 
Re: Pulled plates
PostPosted: Mon Jun 22, 2015 4:21 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
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: 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 +++


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 7 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Should have NOT been pulled over!!!

clownpolice

14

888

Wed May 20, 2015 1:37 am

argyll View the latest post

There are no new unread posts for this topic. What are my rights when being pulled over?

bumer2314

7

9033

Fri May 01, 2009 11:17 pm

knight_yyz View the latest post

There are no new unread posts for this topic. I got pulled over but did not get a ticket

kstar213

2

770

Tue Oct 11, 2011 12:07 pm

The Stig View the latest post

There are no new unread posts for this topic. 2 cars pulled over at same time?

mebs

2

770

Tue Jul 07, 2009 7:44 am

Reflections View the latest post

There are no new unread posts for this topic. What You Should Do if Pulled Over By a Police Officer

[ Go to pageGo to page: 1, 2, 3 ]

admin

32

15070

Sat Jun 20, 2015 5:26 pm

bobajob View the latest post

There are no new unread posts for this topic. HELP!! pulled over for going 118 WHILE PASSING! What do i do

gottastopspeeding

10

1289

Thu Aug 19, 2010 4:19 pm

gottastopspeeding View the latest post

There are no new unread posts for this topic. got pulled over for going 147 in a 100km/h

armanig

9

1386

Fri Apr 01, 2011 6:58 pm

Radar Identified View the latest post

There are no new unread posts for this topic. I was pulled over today - Funny

squeegeeboy

2

1012

Wed Apr 06, 2011 12:45 pm

Reflections View the latest post

There are no new unread posts for this topic. Pulled over for speeding when already stopped

Gtr14

1

592

Tue Aug 30, 2011 8:02 am

Stanton View the latest post

There are no new unread posts for this topic. 3 tickets for everything except the reason i got pulled over

mistry

8

886

Sat Apr 07, 2012 10:09 pm

Radar Identified View the latest post

There are no new unread posts for this topic. SMOG PATROL PULLED ME OVER

shevraire

2

1678

Sun Oct 21, 2012 9:19 pm

Stanton View the latest post

There are no new unread posts for this topic. Pulled over with expired insurance

rfadister

3

2367

Thu Jan 03, 2013 5:03 am

AndruLuka View the latest post

 


Who is online

Users browsing this forum: No registered users and 8 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.