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Re: Failure to surrender insurance card in dealership loaner
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PostPosted: Tue Feb 14, 2017 6:46 pm 
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Joined: Wed Feb 08, 2017 9:31 pm
Posts: 7
Hi guys.
Me again.
Thanks for all your replies. I have been learning a lot.
I am just frustrated about the circumstances surrounding this charge. But alas the law is the law black and white but hoping the circumstances work in my favor. I legitimately made the mistake of not locating the documentation even though it was in the vehicle but misplaced.
I was reading on ticketcombat.com, some prosecutors will consider a "trade off" deal at first attendance, especially if it's a fine for a larger amount in exchange for a non-conviction charge on your driver record. Any one have any luck with this? Suggestions on the site include a parking fine(s), no seatbelt as a passenger, red loght camera fine, etc etc. What do you think.

I also read on the same site POA 59(2) - "Relief against minimum fine – Although the provision that creates the penalty for an offence prescribes a minimum fine, where in the opinion of the court exceptional circumstances exist so that to impose the minimum fine would be unduly oppressive or otherwise not in the interests of justice, the court may impose a fine that is less than the minimum or suspend the sentence."

Would this work in my case?
Chime in anyone Especially jsherk and OTP paralegal

Thanks.


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Re: Failure to surrender insurance card in dealership loaner
PostPosted: Wed Feb 15, 2017 1:12 pm 
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Joined: Mon Nov 28, 2016 3:00 pm
Posts: 88
jestrela wrote:
Hi guys.
Me again.
Thanks for all your replies. I have been learning a lot.
I am just frustrated about the circumstances surrounding this charge. But alas the law is the law black and white but hoping the circumstances work in my favor. I legitimately made the mistake of not locating the documentation even though it was in the vehicle but misplaced.
I was reading on ticketcombat.com, some prosecutors will consider a "trade off" deal at first attendance, especially if it's a fine for a larger amount in exchange for a non-conviction charge on your driver record. Any one have any luck with this? Suggestions on the site include a parking fine(s), no seatbelt as a passenger, red loght camera fine, etc etc. What do you think.

I also read on the same site POA 59(2) - "Relief against minimum fine – Although the provision that creates the penalty for an offence prescribes a minimum fine, where in the opinion of the court exceptional circumstances exist so that to impose the minimum fine would be unduly oppressive or otherwise not in the interests of justice, the court may impose a fine that is less than the minimum or suspend the sentence."

Would this work in my case?
Chime in anyone Especially jsherk and OTP paralegal

Thanks.


Section 59 applications argue undue financial hardship. Usually these applications would be made where there are significant fines in the 4,5, or 6 digit range. Even then there are some Justices or jurisdictions where the application may be denied. Fines are there to cause penalty and inconvenience to place a consequence to the behaviour and to attempt to prevent it from happening again. Your fine is likely around $65 for this simple ticket. I would be very surprised if even the most lenient of Justices would consider that to impose an undue financial hardship.

_________________
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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Re: Failure to surrender insurance card in dealership loaner
PostPosted: Wed Feb 22, 2017 8:57 pm 
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Joined: Wed Feb 08, 2017 9:31 pm
Posts: 7
Got my notice of trial today and a handy application for disclosure form to submit.

1) isn't the prosecutor suppose to set something up prior to trial? I believe it was called early resolution. Or do I have to contact them myself?

2) when should I submit my notice for disclosure? Wait and see if the prosecutor will meet with me?

I just want to explain the circumstances surrounding the offence and hope he/she is in a generous mood. That's my only hope I think? I'm not sure a JP will accept my "it was a loaner" defence. Even with the proof it was insured and a letter from dealership.

Also is there any way to prolong this for a couple more months? Hopefully just prior to insurance renewal?


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