Ticketed for no front plates, should I fight?

[DDB]

Technically the dealer should not let the car leave the lot if not configured for legal operations in your area. You have no case in court and if you had a handshake with the dealer to take the car early then you have no solid case with them either. Eat the fine. If you had the second plate in the car at the time of the infraction and if I were a policeman, I would have written you a warning and not a ticket. Glad front plates are not required in Georgia...

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[HammerStar]

As an Ontario resident as well. I'd be inclined to enter a not guilty plea. It will take a long time for a court date, prior to the first posted date ask for a reschedule. If the car was delivered without the mounting plate and it has been installed along with the front plate now, I think you would have a good chance of having it dismissed.

 

[shoe]

I am sure Canada is different then the USA. But if your NEW car had to have a braket ordered, then I would fight it. Probably all you need is a copy of the order form from the dealer, signed of course and your registration which shows it's only been a week or two. Generally, you can't be guilty if something is out of your control.

But it is in your control. No one is forcing you to drive that car off the lot before it's street-legal.

 

[RandyMache]

But it is in your control. No one is forcing you to drive that car off the lot before it's street-legal.

If no bracket available, then not in your control. I never heard of a law that would require you to vandalize your own vehicle (brand new vehicle) to comply with a traffic law. A remedy is in process. The license plate must be properly mounted or your subject to a different ticket. Maybe in Canada you have to apply for some exemption and the dealer should surely know about it. As they would have some liability for releasing the vehicle to the buyer. Same reason they can't let you take possession without showing them proper insurance. I understand Canada may be really different, but here in the usa (California) that would be a fix-it ticket and it would be dismissed upon correction. (yes I'm retired LEO).

 

[Jerrytball]

I’d just pay up and get on with my life.

If anything like the UK, and the law says you must have a front plate, though seemingly a trivial offence, still is an absolute offence so there is no defence.

I expect the fight, if you’re prepared to take it on, is likely to come at a cost of time, money and legal expenses and/or additional fines and penalties.

Or he could do like I used to do when I owned a motorcycle I wouldn’t live in a state that had a helmet law so just move to a state that doesn’t have a front tag

 

[GreaseMonkey]

You all are forgetting that the OP had no intention to ever installing the front plate. The unavailability of a mounting bracket led to the OP driving off the lot without one. However, the continued lack of a front plate was a very intentional act.

 

[shoe]

If no bracket available, then not in your control. I never heard of a law that would require you to vandalize your own vehicle (brand new vehicle) to comply with a traffic law. A remedy is in process. The license plate must be properly mounted or your subject to a different ticket. Maybe in Canada you have to apply for some exemption and the dealer should surely know about it. As they would have some liability for releasing the vehicle to the buyer. Same reason they can't let you take possession without showing them proper insurance. I understand Canada may be really different, but here in the usa (California) that would be a fix-it ticket and it would be dismissed upon correction. (yes I'm retired LEO).

To be clear, practically, yes, I agree that it would be treated as a fix-it ticket. We're on the same page about that. From here on out I'm being a stickler and going on a borderline rant so feel free to ignore me.

The part I'm being a stickler about is that saying that the situation is out of one's control implies that one is entitled to drive their car on public roads. I don't know how this works in California, but in Ontario, driving is a privilege, not a right, and that privilege is contingent on following the law. No one is requiring you to vandalize your vehicle--you're right that it's not under your control whether there's a bracket available--but it is under your control whether you then drive the car anyways when it's not legal.

The dealer definitely has some responsibility here, but that's something that should be dealt with by giving you a loaner until the bracket arrives, or even just letting you drive around with dealer plates until they can properly complete the transfer (rear-only dealer plates are fine in ON). None of this changes the fact that if you, as a driver, drive a motor vehicle on a public road when that vehicle doesn't have the proper equipment, you are committing an offence. Maybe if you have someone bleeding out in the passenger seat and that car is the only way to get to the hospital, then you might be able to raise necessity as a defence, but otherwise you still had the option to just not drive the car. Not wanting to wait for the bracket to arrive doesn't constitute an emergency.

Again, I'm being a stickler here. In practical terms, so long as you made a genuine effort to comply (putting the plate on the dash before the braket arrived and then getting it fixed as soon as possible), then yeah, any prosecutor I've dealt with would let it slide. But if for whatever reason it ends up going to trial (usually because someone watched too much Matlock and thinks they'll sway the JP with their impassioned plea), so long as the prosecution crossed their t's and dotted their i's, they would get a conviction. JPs don't have inherent jurisdiction here and most regulatory offences are absolute liability, so if the charge is proven beyond a reasonable doubt they must convict. I've watched a bunch of other self-represented folks in provincial offences court basically admit to their offence on the record but then try to explain why they had a really good reason why the law didn't apply to them. I've never seen it go well. The time to plead common sense is at the pre-trial, not in front of the bench.

Also still not a lawyer.

 

[Kenzo]

Hi
I bought my mach e last week and I just got ticketed in toronto for no front plates, the dealer did not have it and I kinda liked it without front plates, so I was prepared for it.
should I just pay it or fight it?
Thanks

The Ontario Highway Traffic Act says you must have two plates. The policeman does not need video or photo evidence, as he is a policemen, he witnessed it. Pay the fine and demand that the dealer reimburses you, as they should not have released the car without a front plate.

 

[abfoot7818]

https://adhesivereplica.com/

This is a site I discovered through a thread on this forum 2.5 years ago and 33,500 miles ago. I’ve being stopped by curious observers monthly but never by the police. I have ordered three of them and mounted 3 and removed 2 of them myself. They are perfect for the non GT Mach-e and costs about $100 I had mine ready made before I took delivery of my Mach-e.

 

[Tomm]

I realize the op had no bracket , but I really don’t understand the whole desire to have no front plate.

 

[Teslaeata]

He did the crime so do the time

 

[Garbone]

Fight the petty citations if you have the time and ability IMO. Locally here in Florida the officer has to take the time to show up at the hearing, if he gets too busy with real work it gets tossed and even if they do show the judge may be more annoyed with the officer not just giving a warning and wasting the courts time. Worst that can happen is you pay the $85

 

[ipca204]

I would fight it here since we don't have front plates.

yeah, that should be his defense...

 

[ipca204]

Fight the petty citations if you have the time and ability IMO. Locally here in Florida the officer has to take the time to show up at the hearing, if he gets too busy with real work it gets tossed and even if they do show the judge may be more annoyed with the officer not just giving a warning and wasting the courts time. Worst that can happen is you pay the $85

yep, the laws where he is are exactly the same as in the absolute best state in the nationin the good old
USA..... FLORIDA..
Dear God people, stop posting bad info for this guy and just tell him to pay it and move on..

 

[canuck1975]

I'm enjoying all the bad advice being given. Please go back to the link I posted which is from an Ontario lawyer who specializes in traffic violations. It doesn't matter that the dealer let it go; it's incumbent on the driver to adhere to the law (which is pretty unambiguous).

Agreed with the above post - pay it and move on... or speak to the prosecutor and see if it can be knocked down. I don't think that plates carry points so it should I pact your insurance.

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