OHTA.ca

Hello all,

I was on the 401 on Friday afternoon going from Ottawa to Toronto. As I'm driving in the left lane at around 115 km/h near Brockville, a cop speeds up to me. I pass by a car that's in the right lane, signal and switch lanes to let him pass.

There wasn't much room between the two cars but the cop follows me into the lane. He began tailgating me, I guess to get close to view my license plate. He saw my sticker was expired and pulled me over and issued me a ticket. I wasn't speeding and he obviously singled me out. I find it strange that he decided to follow me into the lane, especially because if he had seen my sticker had expired before I switched lanes he wouldn't have waited until I switched to put his siren on. In fact he still waited a full minute before pulling me over.

I simply forgot to get my sticker renewed (it expired in September). I just arrived back in town from Toronto so I'm going tomorrow morning to get my sticker.

So I have a few questions:

1) If I contest the ticket and ask for disclosure, does the cop have to explain the events as to why he pulled me over? If he doesn't provide all the details, such as that he followed me into the lane, does that constitute failure to disclose all the facts?

2) Is the ticket considered a traffic or parking fine? Because a plate sticker ticket can occur when the car is parked if the cop notices it.

3) If I take my sticker and the ticket to the court, has anyone had their ticket cancelled?

Thanks for the advice,

Mike

1) No, as it's irrelevant to the charge.

2) It's a highway traffic act charge, a provincial offence. There are no demerit points, but it's a traffic ticket.

3) They may withdraw the charge, but it's by no means guaranteed. Quite likely they'll offer you a significantly reduced fine in exchange for a guilty plea.

Stanton wrote:1) No, as it's irrelevant to the charge.

2) It's a highway traffic act charge, a provincial offence. There are no demerit points, but it's a traffic ticket.

3) They may withdraw the charge, but it's by no means guaranteed. Quite likely they'll offer you a significantly reduced fine in exchange for a guilty plea.

1) You don't think so? He has to show just cause for following me and pulling me over. I wasn't speeding yet he decided to follow me as I switched lanes. All I was doing was driving a nice car. I've read that he has to show just cause for his actions as part of his case. Is that true?

Absolutely not true.

The HTA allows police to stop and check the documentation of any vehicle. His actual reasoning to pull you over sounds pretty obvious anyways, the expired plate sticker.

Dont assume if the officer noticed your plate hed pull you over right away. They frequently check plates on their computer system to see if the car is stolen, driver wanted and just verify information. They may also wait for other traffic to get out of the way or a better stretch of road to conduct a safe stop.

Regardless, the JP wont care why the officer was following you.

+1 to Stanton, the officer can stop anybody they want, whenever, wherever and that's been upheld by superior courts.

See Ladoceur (1990) Supreme Court.

MikeLowry wrote:Hello all,

I was on the 401 on Friday afternoon going from Ottawa to Toronto. As I'm driving in the left lane at around 115 km/h near Brockville, a cop speeds up to me. I pass by a car that's in the right lane, signal and switch lanes to let him pass.

There wasn't much room between the two cars but the cop follows me into the lane. He began tailgating me, I guess to get close to view my license plate. He saw my sticker was expired and pulled me over and issued me a ticket. I wasn't speeding and he obviously singled me out. I find it strange that he decided to follow me into the lane, especially because if he had seen my sticker had expired before I switched lanes he wouldn't have waited until I switched to put his siren on. In fact he still waited a full minute before pulling me over.

I simply forgot to get my sticker renewed (it expired in September). I just arrived back in town from Toronto so I'm going tomorrow morning to get my sticker.

So I have a few questions:

1) If I contest the ticket and ask for disclosure, does the cop have to explain the events as to why he pulled me over? If he doesn't provide all the details, such as that he followed me into the lane, does that constitute failure to disclose all the facts?

2) Is the ticket considered a traffic or parking fine? Because a plate sticker ticket can occur when the car is parked if the cop notices it.

3) If I take my sticker and the ticket to the court, has anyone had their ticket cancelled?

Thanks for the advice,

Mike

Take it to trial.

They may bargain to reduce the ticket by $40 or so, but if you take it to trial the cop may not show up and you are completely off.

Clog the courts with trials and don't be intimidated by the prosecutor or JP telling you otherwise.

Send someone in the first time to say you cannot make it and wish to reschedule.

This gives you a longer period for events to happen so the cop can't make it in as a witness.

Has worked for many people...

Clog the courts with trials so the cops don't steal your hard earned money.

ticket123 wrote:

MikeLowry wrote:...

Take it to trial.

They may bargain to reduce the ticket by $40 or so, but if you take it to trial the cop may not show up and you are completely off.

Clog the courts with trials and don't be intimidated by the prosecutor or JP telling you otherwise.

Send someone in the first time to say you cannot make it and wish to reschedule.

This gives you a longer period for events to happen so the cop can't make it in as a witness.

Has worked for many people...

Clog the courts with trials so the cops don't steal your hard earned money.

when they reschedule the trial, they make sure that the courts, officer & defendant will be available on the new date

+ sending someone on your behalf to adjourn stops the 11b clock