p0staboy

I was driving the beater today and forgot the sticker was expired I left the store and as soon as I left my parking spot a cop puts his lights on. Says he is just checking if I've bin drinking, asks for my paper work and comes back with a ticket for expired sticker. I'm positive he didn't follow me into the parking lot so he never saw me on a public road.

C63AMG

Yes, because it's not a moving violation...

shamusodoofus

http://www.e-laws.gov.on.ca/html/sta...h08_e.htm#BK15

Section 7 of the permits section.

To my understanding if you are on private property, your car is parked, you cannot be ticketed for an expired permit sticker. Similar to parking your car on your private drive way a police officer would not ring your bell and issue you a ticket for an expired permit sticker. From the government site, the law seems to interpret that you cannot drive a car that does not have a valid permit on public roads, which makes sense. I suppose because you were at a store it is very well assumed you drove there and hence violated the law. VERY unlikely you parked your car there since the time your permit was expired. Being a non-moving violation it shouldn't increase your insurance premium anyway so I wouldn't worry too much (though this depends on your insurance company). I would also like to think if you fought this ticket you would have a chance at winning.

Of course, I am no lawyer nor a paralegal so my opinion is strictly that; my opinion.

myflys2k

That's why the cop waited for him to move the car.

shamusodoofus

Completely missed that part. The highway traffic act does specify that you are not allowed to drive on a highway but I guess him moving the car from the parking spot is enough to prove intent to violate the act.

zeroptzero

Cops can issue you any ticket they want, whether it gets supported by a judge in court is a different story. Make the cop show up in court and prove that you were driving the car on a public road. Chances are it will get thrown out, the cop won't show up, or you can plead it down. Whether that is worth your time to show up in court and waste a day doing that is something you should decide.

ATNCHN

like you said, he waited for you to move just to give you that ticket.
unlucky day for you.. so buy a 649 ticket and see if thats where your luck went

LDubz735

if it's just an expired plate sticker, just take it to your local court (if you're in the GTA, I think it's somewhere near Eglinton West) and show the crown your receipt of your new sticker and they'll waive the fine. no need to hire anyone, appear before a judge...pretty painless.

monty3497

He can issue you the ticket but it's not valid on private property. The Highway traffic act is for the actual roadway not private property, a mall parking lot is still considered 'private property', if you challenge the ticket it will be withdrawn as there is no 'reasonable prospect of conviction'.

The only offences valid in parking lots are criminal, eg: impaired, dangerous driving......but they are criminal code not highway traffic act.