Ok, So I drive a custom air ride suspension vehicle, Im Very low, My windows are tinted, My licence plate is in my back window (mounted to the bed) other than that, my truck is 100% stock (Well, Custom intiror too but that has nothing to do with this) I get pulled over the other day, and the officer says to me, "Son your muffler is offuly loud." He then gave me a ticket for that (Granted, My muffler is non existant, But he did not check, he just said it was too loud) "Your window tint is too dark" Again another ticket. "Your turn signals are not amber, they are white" Again. Ticket. "And your licence plate is not mounted properly" And the final blow. Now Im pritty sure on some of the laws here, but I want to check to make sure. Window tint. Because the law is vauge, and law is all about interpretation, I interpret the law to say the window film cannot obstruct the drivers view of the road. Meaning if I can see properly and safely out my windows, Its leagle. Turn signal color- your vehicle may only posess the following color bulbs, White, amber, and red. Red may only be on the three brake lights (Two on older modles) head lights may only be white, and turn signals can be either or.... License plates. Have to be PROMINENTLY displayed on the front and rear of the vehicle. Since he has a problem with my rear plate, my arguement is a lighted plate, That is reflective white, and in the middle of a large black square (my rear window) Is prominent no? And finally my muffler, Altho he is most likely right, is there not a DB level that a muffler may not exceed, Meaning unless he metered my exhaust level, He has no legal grounds... Am I way off in left field, Or Am I pritty well right here? I have never had a ticket stick in court before, because Ive allways come prepared, But I just found this site, and recent disgust with the local athoritys have caused me to further my efforts to fight the racisem I endure on a daily basis.
I have never been told to write any more or less tickets. Nor have I seen anyone with a handful of tickets for a month get bothered either. From the other side....issuing multiple warnings and only one ticket....only to have more and more people fight the one ticket, sorry for being nice. Obtain enough trial notices after giving multiple breaks and finally realize why bother give a break, people will fight the one ticket, might as well fight them all. (ie MV for speed 132km, chg with no insurance card, warn speed....fights insurance card :shock: ......MV speed of 136km, chg: fail to surrender permit, warn speed...fights permit chg :shock: ......these people appear nice, friendly, apologetic, so use of discretion in what offence to issue) Your are doing great. Keep it up. Cheers Viper1
hwybear wrote:
Bookm wrote:
Unfortunately, this modern era of policing seems to associate performance with number of tickets written.
I have never been told to write any more or less tickets. Nor have I seen anyone with a handful of tickets for a month get bothered either.
I think the police strategy has become: write multiple tickets so that the crown will negotiate down to just one or two. This influences defendants to avoid going to trial by thinking they've plead to a good offer from the crown.
From the other side....issuing multiple warnings and only one ticket....only to have more and more people fight the one ticket, sorry for being nice. Obtain enough trial notices after giving multiple breaks and finally realize why bother give a break, people will fight the one ticket, might as well fight them all.
(ie MV for speed 132km, chg with no insurance card, warn speed....fights insurance card ......MV speed of 136km, chg: fail to surrender permit, warn speed...fights permit chg ......these people appear nice, friendly, apologetic, so use of discretion in what offence to issue)
Your are doing great.
Keep it up.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Short answer: Yes, BUT... If the officer mis-matched the offence and the section or subsection, (looks like only one of them was missed), it can be amended at trial, but the counterpoint you could use is that if that is the case, it is an "insufficient" or "incorrect" charge. You would have to plead with the JP that the sections that were identified on the ticket led you to prepare a defence specifically to them, and not anything else, and the mistakes on the ticket misled you. As such, you were not rightfully given the ability to prepare a full and proper defence, so ask for it to be dismissed. Will it work? Maybe. This largely depends on the JP. I'd be willing to bet that many of them would just amend the charge and carry on. You could then, however, ask for an adjournment to prepare the defence to the correct section. HTA 142 (8 ) is for failing to signal a stop. 142 (8 )(b) is for brake lights. The rest appear to be issued under the correct sections of the HTA. Yikes. Could've got 4 demerit points + big insurance hike and decides to fight a $75 insurance card charge? :? It probably cost him more to fight that one than just to pay it. Same with fail to surrender permit.
PrincessKyle wrote:
I found a few out of places sections when I read the HTA subsections mentioned... Maybe Im nuts but are they the proper subsections to have quoted for the offence comitted??
Short answer: Yes, BUT...
If the officer mis-matched the offence and the section or subsection, (looks like only one of them was missed), it can be amended at trial, but the counterpoint you could use is that if that is the case, it is an "insufficient" or "incorrect" charge. You would have to plead with the JP that the sections that were identified on the ticket led you to prepare a defence specifically to them, and not anything else, and the mistakes on the ticket misled you. As such, you were not rightfully given the ability to prepare a full and proper defence, so ask for it to be dismissed. Will it work? Maybe. This largely depends on the JP. I'd be willing to bet that many of them would just amend the charge and carry on. You could then, however, ask for an adjournment to prepare the defence to the correct section.
HTA 142 (8 ) is for failing to signal a stop. 142 (8 )(b) is for brake lights.
The rest appear to be issued under the correct sections of the HTA.
hwybear wrote:
(ie MV for speed 132km, chg with no insurance card, warn speed....fights insurance card ......MV speed of 136km, chg: fail to surrender permit, warn speed...fights permit chg ......these people appear nice, friendly, apologetic, so use of discretion in what offence to issue)
Yikes. Could've got 4 demerit points + big insurance hike and decides to fight a $75 insurance card charge? It probably cost him more to fight that one than just to pay it. Same with fail to surrender permit.
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......MV speed of 136km, chg: fail to surrender permit, warn speed...fights permit chg
It probably cost him more to fight that one than just to pay it. Same with fail to surrender permit.