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.
I just received a parking ticket for parking outside of the space, to me that is crazy because I was parked in the corner of the lot, was not blocking anyone or a through way, so I thought there is no harm. I've seen people park there all day and not get a ticket.
Hello, i like many others a bad habit of attracting unwanted attention, and tickets. i drove a dark Eagle Talon that my girlfriend used to call a Bat-mobile. im also under 25 years old. well i drive for a living, and i want to do whatever i can to keep my abstract clean. so i sold the car, and im…
I was hoping to receive some advice on the unfortunate situation that I currently find myself in.
Last night, at 7pm, I was at an intersection waiting for the oncoming traffic to clear so that I could turn left. I thought that I was waiting at the intersection behind only one other vehicle (a van)…
So i received my first speeding ticket...officer claimed I was doing 73 km/hr in a 50 zone. He did reduce it to 63 - should fight it? The ticket did not mention a cross road. Its just states N.B on Caledonia. I don't believe d points are affected but I'm worried about insurance.
Exactly a week ago today, I was caught going 135 in an 80, on Highway 3 near Windsor, Ontario. I know this is just completely idiotic and there hasn't been a minute since I was charged that I haven't been smacking myself for this. I'm very, very remorseful and just overall torn about…
I was making a left turn, didn't have headlights on and was putting on my seatbelt at a time. Really stupid thing to do, was very stressed out and just feel dumb about it. What am I facing, and what impact will it have on my insurance? On ticket it just says Careless driving, there are no details..
Late Saturday afternoon, December 1st, I entered the Shops at Don Mills with my vehicle and drove due East as I needed to make a quick deposit in the TD Bank. I made a left hand turn onto the side street and on the right side where I parked, there is a condo under construction with all the usual…
Hi, I just received a notice in the mail with pictures of my car going through a red light. Ticket is in my husband's name, as he is the car owner, but I drive this car. I'm guilty as can be... can't remember doing it, but apparently went right through intersection after light turned red. I…
