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 :)
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??
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.
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.
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.
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.
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?
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?
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.
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
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. 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!
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!
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
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I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
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Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
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Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
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I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
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This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
