Question, do you think i should retain a lawyer because of a technicality and fight all three tickets?
I don't mind the seat belt ticket or the driving with no license ticket it is the no insurance ticket that worries me the most!! Any thoughts!!!
You could argue the grounds on which you were stopped in the first place.
ÃƒÂ¢Ã‚â‚¬Ã‚Å“The police are stopping motorists on an entirely arbitrary basis to question them and determine if they have been drinking. The police have no grounds to reasonably suspect that the driver has committed, was committing or was about to commit a criminal offence before the driver is requested to stop.ÃƒÂ¢Ã‚â‚¬Ã‚Â
You should probably seek legal advice in that matter, as the no insurance charge is pretty serious. At least get the first attendance with prosecutor, see if you can get a deal.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Had you been charged with impaired, it would apply as impaired falls under the federal Criminal Code.
But you can still argue that the stop was unlawful since it was a RIDE program looking for impaired drivers under the federal Criminal Code. This would mean all of the evidence gathered against you must be excluded under s. 24 of the Charter.
I believe you can bring a section 24 application right now to have the charged dismissed as the evidence was not legally obtained.
You have other defences, though.
I like the French Language Service Act defence the best.
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