My husband received a ticket under section 111 (2). He is a landscaper and while driving a couple of plastic plant pots flew off the back of his truck. He immediatly pulled off the road to pick them up but there was a police car behind him. He was given a $160 ticket and the description of the offense says in secure load. My question, is that a proper description? Can the ticket be fought based on that or should I just pay the fine? It seems quite excessive for some empty plastic pots. Also, by the description it sounds like he is being charged with bringing up the pots to have low self esteem...shouldn't it be unsecured load? I have 2 days to file if I want to fight this ticket so any advice asap would be greatly appreciated. thanks.
My husband received a ticket under section 111 (2). He is a landscaper and while driving a couple of plastic plant pots flew off the back of his truck. He immediatly pulled off the road to pick them up but there was a police car behind him. He was given a $160 ticket and the description of the offense says in secure load.
My question, is that a proper description? Can the ticket be fought based on that or should I just pay the fine? It seems quite excessive for some empty plastic pots. Also, by the description it sounds like he is being charged with bringing up the pots to have low self esteem...shouldn't it be unsecured load?
I have 2 days to file if I want to fight this ticket so any advice asap would be greatly appreciated.
The charge wording is correct. The section your husband was charged under reads as follows: So technically your husband did commit the offence. Assuming it's not a liability offence, if your husband could demonstrate he took all reasonable steps to secure the load prior to driving and what happened was completely unforeseen, he may have a defence. But at the end of the day when something blows out it's pretty hard to argue it was secure. Lol. :)
The charge wording is correct. The section your husband was charged under reads as follows:
No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle
So technically your husband did commit the offence. Assuming it's not a liability offence, if your husband could demonstrate he took all reasonable steps to secure the load prior to driving and what happened was completely unforeseen, he may have a defence. But at the end of the day when something blows out it's pretty hard to argue it was secure.
Kefrm wrote:
Also, by the description it sounds like he is being charged with bringing up the pots to have low self esteem...shouldn't it be unsecured load?
he did commit the offense, the pots were in a garbage bag that was tied up. Somehow the garbage bag got ripped. The bag itself was secure. I find it hard to believe that they would ticket him for that...at least a warning....when you see old mattresses on highways and couch cushions on roads. oh well, thanks for the quick response!
he did commit the offense, the pots were in a garbage bag that was tied up. Somehow the garbage bag got ripped. The bag itself was secure. I find it hard to believe that they would ticket him for that...at least a warning....when you see old mattresses on highways and couch cushions on roads.
he did commit the offense, the pots were in a garbage bag that was tied up. Somehow the garbage bag got ripped. The bag itself was secure. I find it hard to believe that they would ticket him for that...at least a warning....when you see old mattresses on highways and couch cushions on roads.
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