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楼主 |
发表于 2014-12-22 18:36:45
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ONTARIO HIGHWAY TRAFFIC ACT 7 (5) (a)
WHAT YOU SHOULD KNOW ABOUT THE ONTARIO HIGHWAY TRAFFIC ACT 7 (5) (a)
I have twice successfully challenged traffic tickets issued to me by police officers using the above & WON.
I wish to share my findings:
The Toronto Police traffic cops are perhaps the most hated law-enforcement officers because they will use all kinds of tricks to obtain a conviction, the above Act 7 (5) (a) has always been used as a bargaining chip for the innocent.
At every traffic offence, the Officer will ask to see your driver’s licence which you must carry at all time, a valid insurance certificate which again you must have, & finally ownership permit & this is where they play tricks on.
We usually leave the original copy in a safe place & carry only a photo-copy in the car, & if the photo-copy does not show the reverse side, the Officer will issue you a ticket which carries a fine of about $100.
The Officers always use this as a bargaining chip, they will ask you to plead guilty of non-compliance of showing both sides of the ownership, then the other charge/penalty will be dropped/reduced & vice versa.
A lot of drivers took the bait & pleaded to an offence which does not stand up in court because:
1. Act 7 (5) (a) stipulates “every driver of a motor vehicle on a highway shall carry, the permit for it or a true copy therefore…”
There is absolutely NOTHING about the copy must show the reverse side.
2 The Officer’s argument has always been that the reverse side of the owner’s permit will show the validation sticker.
If you look at the reverse side of Owner’s Permit, there is NOTHING about the validation sticker must be affixed to it. Don’t let the police officer bluff their way.
3. The ONLY requirement of the validation sticker is that “it must be prominently displayed on the upper right hand corner of the rear licence plate”.
If you fight the case re not showing the reverse side, you can expect to win it each time.
Of course, to fight the case, you must be prepared to spend time to go to the traffic court to file an application for a trial; when a trial date is set, you be mentally prepared to defend your stand, & be prepared to spend 2-3 hours just for it.
So fight the case only as a last resort. Your photo-copy of the Permit must show both sides to avoid being antagonized by the Police Officer(s). |
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楼主: goodstuff
