3 tickets at once !

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david.x23
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3 tickets at once !

by: david.x23 on
Thu Sep 24, 2015 6:37 pm

Hi everyone I'm new to this forum :D , I just wanted some suggestion on what to do.

So basically today when I was leaving from my gf house to go to school in the morning to be exact at 8:15 AM I got pulled over by a
cop 200 meters away from her house or 300 ? but I dont know if I can say pull over because he was parked behind the stop sign on the
right hand sign so what basically happened is I have the tendency of driving few meters before putting my seat belt on (which I learned my lesson)
so when I was putting my seat belt on at the same time I saw the officer park there and he saw me and pointed his fingers telling me to park in front
of him and I can tell you for sure there is no way he had clear view of me putting my seat belts because the sun was hitting right through his eyes,
in this case what should I do early resolution or go to trial ? my second and third ticket were fail to have an insurance card because I just had the copy
and not the original and the last one was because my car permit card which is the copy too at the back of it the ticket expired and i just forgot to put the new
one which I have at home.

One more thing when the cop pulls you over do they audio record you ?

Thank You for the help and sorry for the messy writting :oops:


Stanton
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by: Stanton on
Thu Sep 24, 2015 11:03 pm

At the very least you'll want to request an early resolution meeting with the Crown. Typically when there are multiple charges, they'll offer you a deal where they drop one or two charges in exchange for a guilty plea on the rest. Before making any decisions about a plea deal though, you'll want to review the evidence against you. At the very least there will be notes that the officer made. Some police services also will have audio/video recordings of the stop and interaction. No way of knowing if it's available until you request it in your disclosure.

In terms of the seatbelt offence, you really have no idea what the officer saw until you've reviewed their notes. Hard to guess how strong that case until then. The insurance one will be harder to fight. I'm of the opinion that a photocopy of the insurance card is NOT sufficient (unlike ownership) based on the wording of the act. As for the final charge, do you mean the back of ownership didn't have the current sticker? If so, the law has changed and you no longer require a validation sticker on the ownership, just the plate itself.


curiousottman
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by: curiousottman on
Thu Sep 24, 2015 11:26 pm

Thanks Stanton: I was unaware that the law no longer requires the little white sticker on the ownership. I spend a considerable amount of time year over year updating my vehicles to have that little white sticker on the back. Now I can completely ignore it altogether.

FMI: when did the law change?


david.x23
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by: david.x23 on
Thu Sep 24, 2015 11:52 pm

Stanton wrote:At the very least you'll want to request an early resolution meeting with the Crown. Typically when there are multiple charges, they'll offer you a deal where they drop one or two charges in exchange for a guilty plea on the rest. Before making any decisions about a plea deal though, you'll want to review the evidence against you. At the very least there will be notes that the officer made. Some police services also will have audio/video recordings of the stop and interaction. No way of knowing if it's available until you request it in your disclosure.

In terms of the seatbelt offence, you really have no idea what the officer saw until you've reviewed their notes. Hard to guess how strong that case until then. The insurance one will be harder to fight. I'm of the opinion that a photocopy of the insurance card is NOT sufficient (unlike ownership) based on the wording of the act. As for the final charge, do you mean the back of ownership didn't have the current sticker? If so, the law has changed and you no longer require a validation sticker on the ownership, just the plate itself.
thankss for the advice why would the insurance one be hard to fight when I just didn't bring the original copy and yeh it was the ownership card, if the law
changed why did the cop still give me a ticket weird in his part and for the seatbelt would you recommend me to get someone to fight it off for me ? or meet for an
early resolution for all of them ty.


bend
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by: bend on
Fri Sep 25, 2015 1:23 am

curiousottman wrote:FMI: when did the law change?
In 2012, the wording of the regulation changed.

Here is the regulation:
Vehicle Permits, RRO 1990, Reg 628 wrote:6. (1) A permit for a motor vehicle shall be validated by means of evidence of validation provided by the Ministry. O. Reg. 119/12, s. 1.

(2) Evidence of validation for a permit shall be affixed to a number plate for the vehicle in accordance with this Regulation, and the portion of the evidence of validation not intended for the number plate may be affixed in the appropriate space provided on the permit for the vehicle. O. Reg. 119/12, s. 1.
Here is the relevant case law:
R. v. Isik, 2014 wrote:[25] There is evidence before this Court that there was a validation permit affixed to the number plate of the vehicle the defendant was operating. According to s. 6(2) of the above-noted Regulation, that is mandatory. With respect to affixing the validation not intended for the plate on the permit, appears to be discretionary. (A quick review of this section of the Ontario Regulation shows this to be the case from 2012. Prior to 2012 the section of the Regulation addressing the validation of the permit, then s. 6, read: A permit for a motor vehicle shall be validated by means of evidence of validation provided by the Ministry and affixed in the appropriate space provided on the permit.)

[26] The above leads the Court to conclude that the charge against Mr. Isik “Drive motor vehicle no validated permit” does not succeed. According to s. 6(2) of the Regulation governing permits makes the affixing of the currently permit on the plate mandatory (“shall”) but discretionary on the ownership (“may”). This in effect renders the charge “Drive motor vehicle without a validated permit invalid and consequently the Court must dismiss the charge.


kend7510
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by: kend7510 on
Fri Sep 25, 2015 9:58 am

I was charged with failed to submit insurance once. My insurance was just renewed and I have forgotten to take the new card into the car with me. The police officer advised me to just show up in court and bring my original copy of insurance card, that shows that I have insurance coverage on the date of offence. I did so and it was review by the prosecutor during the pre-trial sign in, and the prosecutor dropped the charge.


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