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Ontario Highway Traffic Act

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Two tickets in one day
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PostPosted: Fri Jul 12, 2013 12:25 am 
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Joined: Fri Jul 12, 2013 12:12 am
Posts: 3
Hi all,

I received two tickets today! The 1st ticket was for "Driver failed to properly wear seat belt". Once the cop stopped me he had asked me if I knew why I was pulled over and I was unsure. He told me how I wasn't wearing my seat belt. I was wearing my belt and the cop was on the left hand lane looking into my car on the right hand lane. The cop then pulled me over after the light turned green to the right in which I was already in that lane. I was wearing my seat belt the whole entire time and with him looking into my car from the left lane I knew he was trying to figure something out but was unsure. Also what does "properly" mean? When he had told me I wasn't wearing my seat belt why didn't he just write on the ticket "driver failed to wear a seat belt" instead of "driver failed to properly wear seat belt" that can be interpreted in so many ways.

2nd ticket - He had asked for my license, ownership, and insurance. He came back and told me how my "ownership documents" did not have a valid permit sticker on it BUT my license plate has the valid sticker. I was in shock as I never have heard that you also have to have a sticker on your "ownership documents".

On my seat belt ticket he did not write any section just under the contrary to section: "Highway traffic act" and on my "ownership documents" ticket under the "did commit the offence of" he wrote "drive motor vehicle - no currently validated permit" which contradicts what he said because my license plate has a valid sticker.

He walked away without letting me know of any other information as of my rights or any of that and just left. As I was observing the tickets it seems that he wrote my driver license number incorrectly as well, does this help in anyway?

I really feel he just had a bad day and took it out on me. I am seeking for advice as to what I need to do in this case, please advise I greatly appreciate it!


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Re: Two tickets in one day
PostPosted: Fri Jul 12, 2013 9:06 am 
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Joined: Fri Jul 12, 2013 12:12 am
Posts: 3
Can someone please give me some advice? I'm literally freaking out here... Thanks guys I really appreciate it


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Re: Two tickets in one day
PostPosted: Sun Jul 14, 2013 5:47 pm 
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Joined: Sun Jul 14, 2013 4:57 pm
Posts: 2
Hi babik04.

If you want to fight it:

  • Request a court date as per the instructions on your ticket (registered mail).
  • File for disclosure from the Crown prosecutor (Registered mail). You may want to mention in your request the importance of receiving disclosure on-time, as the original ticket did not make it clear which offences you are charged with.
  • Write down everything that the officer said and everything that you said.
  • You should consider treating the two tickets as separate offences, independent of each-other.
  • On your court date, explain the events and the facts to the Justice of the Peace.
  • The Crown may try to make a deal with you and drop one of the offences if you agree to plead guilty to the other offence. You will have a chance to talk to the Crown on your court date before the trial.
  • Try to find the white sticker that should have been attached to your ownership documents. This comes with the plate stickers when you renew your plates. Alternatively, go to the MTO and have them print out something that verifies that your plate was properly registered on the date of the offence.

Was this OPP or city police?



Hope this helps,
Matt


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Re: Two tickets in one day
PostPosted: Mon Jul 15, 2013 8:29 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
As stated above, at the very least you'll probably be offered a deal to have one charge dropped in exchange for a guilty plea on the other one.

babik04 wrote:
why didn't he just write on the ticket "driver failed to wear a seat belt" instead of "driver failed to properly wear seat belt"

Police are given standardized charge wordings for each offence. That's the proper wording for your particular seat belt offence. The specific details of the alleged offence should be in the officer's notes.

babik04 wrote:
2nd ticket - He had asked for my license, ownership, and insurance. He came back and told me how my "ownership documents" did not have a valid permit sticker on it BUT my license plate has the valid sticker. I was in shock as I never have heard that you also have to have a sticker on your "ownership documents".

On my seat belt ticket he did not write any section just under the contrary to section: "Highway traffic act" and on my "ownership documents" ticket under the "did commit the offence of" he wrote "drive motor vehicle - no currently validated permit" which contradicts what he said because my license plate has a valid sticker.


On the first year you own your plates, the correct validation information is printed right on the front of the ownership. Once you renew your plates and get a new sticker however, the tag should be added to the back of the permit. As for what the officer wrote on the ticket, it's again standardized charge wording and correct for the offence.


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