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Siezed plates
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PostPosted: Thu May 05, 2016 3:02 am 
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Joined: Thu May 05, 2016 2:42 am
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Brampton cop siezed my license plates because my rear tire were bald and gave me a summon. How do I get my plates back? Also how do I know how much I have to pay for this? If I plead guilty in court what happens? Are there any demerit points involved? Also I received a summon for no muffler. How do I approach these 2? How does a summon work how do I know what my penalty is?


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Re: Siezed plates
PostPosted: Thu May 05, 2016 8:17 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1655
Go to MTO office and ask them about plates.

As far as summon, you should pretty much never just plead guilty. When you arrive at the summons date, this is NOT your trial date, so I recommend you tell them "I would like disclosure before I decide how to plead." They will then set another summons date for you, and the prosecutor will have to get you a copy of the officers notes. Once you get the notes, post them here so we can review them and let you know if there is a way to fight the tickets or not.

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Re: Siezed plates
PostPosted: Thu May 05, 2016 9:42 am 
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jsherk wrote:
Go to MTO office and ask them about plates.

As far as summon, you should pretty much never just plead guilty. When you arrive at the summons date, this is NOT your trial date, so I recommend you tell them "I would like disclosure before I decide how to plead." They will then set another summons date for you, and the prosecutor will have to get you a copy of the officers notes. Once you get the notes, post them here so we can review them and let you know if there is a way to fight the tickets or not.


How do I know what my fine is though? There is no price or anything written


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Re: Siezed plates
PostPosted: Thu May 05, 2016 10:22 am 
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What is the exact charge (or charges) on the summons?

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Re: Siezed plates
PostPosted: Thu May 05, 2016 10:33 am 
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jsherk wrote:
What is the exact charge (or charges) on the summons?

Operate unsafe vehicle
No muffler-motor vehicle

I called MTO they said I have to get new plates even though the cop said I can get them back. Then I called peel police and no one knows anything about my plates.


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Re: Siezed plates
PostPosted: Thu May 05, 2016 11:19 am 
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As far as plates, I would go to MTO and say you want to cancel the old ones because the officer took them and you do not know where they are and that you would like new ones. It is important that you cancel them as you are responsible for them as long as they are in your name. Who knows where they will end up!

What are the actual section numbers that go along with the those charges?

Did you really not have a muffler on your vehicle? Did the officer look under the vehicle and specifically identify that the muffler was missing?

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Re: Siezed plates
PostPosted: Thu May 05, 2016 11:50 am 
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Joined: Fri Nov 14, 2014 12:03 pm
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Once MTO or Police confiscate plates, those plates cannot be returned. You must go to the ministry and get new plates for the vehicle. Summons are summons because they have no set fine, based on severity, repeat offenders, etc, the fine will vary.

You were charged with:

84. (1) No person shall drive or operate or permit the driving or operation upon a highway of a vehicle, a street car or vehicles that in combination are in a dangerous or unsafe condition.

75. (1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle. R.S.O. 1990, c. H.8, s. 75 (1).

The Fines for these would be:

84 (1): a fine of not less than $400 and not more than $20,000. 1996, c. 20, s. 19.

75 (1): Can't find any information on this (Ontario Courts Website says Revoked), but I'm assuming it's the standard Set:$85 Total:$110.


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Re: Siezed plates
PostPosted: Thu May 05, 2016 5:39 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2094
Location: Ontario
If your vehicle was deemed unsafe and the plates were seized, your vehicle is probably now considered "unfit". That means you cannot get new plates for the vehicle until you address the issues and your car passes a safety inspection. Check the ownership for your vehicle, did the officer write unfit on it?


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