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Originally Posted by btimbit
By having tint on his windows, isn't that committing the offence? I know the wording is a bit hazy in the "A person shall not install, replace or cover" bit, and interpreting whether or not that means having it on the car or all or simply the act of having it installed.
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Two principles apply: you have to commit the act described in the offence, and courts aren't entitled to read words in to make the thing apply the way they want it to. They have to apply the law as read. Did I install anything? Did I replace anything? Did I cover anything? No, I own a car and parked it.
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Well it's not a moving violation, therefore my understanding is by simply having your vehicle registered it implies you intend to drive it.
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A reasonable assumption, but again, you can't punish someone for their intent to commit an act prior to them committing it. This is some minority report s*** right here.
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Seems like a bit of a stretch to me as well, but this isn't the first time I've heard about it happening. I'm just passing on what a cop said when we were having this exact discussion a few years ago. This was what I took away from the discussion.
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I am actually not surprised it happens, I'm just saying if you contested this ticket and said "here's the section he says I contravened, but I didn't do any of the things listed in it", you're off the hook. Just because a cop puts a ticket on your windshield citing a particular offense doesn't mean he understands what the offense is and it doesn't mean you've contravened it.