Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!

       
    

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 8 posts ] 
  Print view

No Insurance Charge, but I HAVE insurance
Author Message
PostPosted: Thu Sep 30, 2010 11:52 am 
Offline
Newbie

Joined: Thu Sep 30, 2010 11:14 am
Posts: 3
Hello,
The other day I was pulled over for an expired license plate tag. I also had last year's insurance slip in my glove box.

So the cop asks if I have insurance, I tell him I do and live 5 minutes away with the proper paper work. He goes back to his car. My insurance broker info and contact was available as well. 15 minutes later he comes back with 2 tickets. Expired tag fine, and a summons to appear in court for "No Insurance"
Prior to this I had never been pulled over, and I have clean driving record.

I paid the expired tag fine, I accept guilt for that. I renewed the sticker in less than 24 hours. However the No insurance, I'm not guilty of.

The cop told me it was no big deal, show proof of insurance and no worries. I can go in early (like weeks) and show the proof and they will cancel my court date. However I cannot find anyone who will do this. Why did he tell me that? Who do I show?

My question is, what do I need to prove to the court that I had/have insurance? Do I need more?

So far I have

1. Letter from my insurance company (in route) stating:
- VIN, policy number, and that I was insured on the date of the offense
2. Letter from my (in route) insurance broker stating the same as above
3. Bank statements showing payments to my insurance company for the month of the offense
3. Record of Transaction for licence renewal the day after the offense
4. Pink insurance slip (the one the cop needed) with a copy of my policy

Do I need representation or can I do this myself? I called xcopper, and they give good advice but they want your money so I'm not sure what to believe.
What should I expect from the day of court? Will it be resolved with my proof or do they waste more time?

Any help is greatly appreciated


Top
 Profile  
 
PostPosted: Thu Sep 30, 2010 7:33 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1063
On your first appearance date indicated on the ticket you will probably receive disclosure from the crown. If you bring in your ownership and proof of insurance (proof that you had insurance on the date you were stopped) you can speak to the crown and see what they are wiling to do about it. They should drop it on that day or at the next set date.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
PostPosted: Thu Sep 30, 2010 10:34 pm 
Offline
Newbie

Joined: Thu Sep 30, 2010 11:14 am
Posts: 3
Thanks for the reply Simon. I do have some more questions, if you can help that would be great! I dont really know too much about how the courts work, since I dont really have any ivolvement in them. Fires are more my cup of tea :D

What exactly is diclosure from the crown?

Can I talk to someone early to show them proof of my insurnace? early mediation is it called?

Why would they hold it off to another date, considering it can be solved rather simply with proof? I assume a letter from my insurance company will suffice?

Thanks agin


Top
 Profile  
 
PostPosted: Fri Oct 01, 2010 1:43 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1063
Disclosure from the crown is the summary of the evidence they have against you which they will bring to trail. It usually includes copies of the officer's notes, a summary of the incident, statements from any witnesses, physical evidence, etc. You get that because it is your right under law.

On the day of your first appearance they will probably already have disclosure prepared for you, but if you speak to the crown first thing in the morning they may be in a position to just withdraw the charge when it comes up on the docket that day.

I don't know exactly what they would require from your insurance company for proof, but you can probably just call your insurance company and say that you need something showing that you had insurance on the day in question.

Does that help clear things up? P.S. Don't worry if you don't understand the whole process - almost nobody does.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
PostPosted: Tue Oct 05, 2010 4:48 pm 
Offline
Member
User avatar

Joined: Thu Sep 25, 2008 5:28 pm
Posts: 162
Location: Mississauga
Officer issued you a summons to appear in court.
Appear in court with "original letter from insurance company" not from broker or insurance card (although bring it with you as well).
Show the letter to prosecutor.
Prosecutor may adjourn (reschedule) your case for several weeks to investigate your document or simply drop the charge on the first appearance.

Good luck.


Top
 Profile  
 
PostPosted: Thu Oct 28, 2010 10:49 pm 
Offline
Newbie

Joined: Thu Sep 30, 2010 11:14 am
Posts: 3
Just to give you an update. I went to my first appearance, spoke with the crown attourney, showed my proof of unsurance and they dropped the charges right there. Just like you guys said.

Thanks for the help, I really appreciate it ! This website was really helpful, and made the whole process alot less stressful


Top
 Profile  
 
PostPosted: Thu Oct 28, 2010 11:31 pm 
Offline
Site Admin
User avatar

Joined: Tue Nov 13, 2007 5:04 pm
Posts: 1001
Location: Ontario, Canada
rescue65 wrote:
This website was really helpful, and made the whole process alot less stressful.


Thanks for the compliment! Thats what we are here for, to make the situation less stressful than it already is, and provide support and help that is hard to find!

Help us grow and please tell your friends about us!

_________________
Visit us at: Ontario Ticket OR OHTA OR Ontario Traffic Act OR Highway Traffic Act


Top
 Profile  
 
No Insurance Ticket
PostPosted: Fri Oct 29, 2010 4:20 pm 
Offline
Jr. Member

Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
I agree with Simon,

If you go to the court and show that you had valid insurance on the court date the prosecutor will drop the charge.

Just go to the court about 1/2 hour early, wait for the prosecutor to arrive, when they do approach them and tell them you are here for your case. Have the ticket ready to show them.

Explain to them that you did have insurance and that you have brought proof to show the court.

The prosecutor will then examine the documents, and ask you to wait until the justice comes into the court.

When the justice comes in the prosecutor will ask you to come to the front of the court and they will explain to the justice that you did have insurance, they have confirmed it, and that they, the prosecutor is asking for the charge to be withdrawn.

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 8 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Can I appeal this charge?

azdjedi

1

357

Thu Mar 14, 2013 10:12 pm

daggx View the latest post

There are no new unread posts for this topic. can a charge be changed later?

Assistant

3

803

Fri Apr 11, 2014 8:34 pm

Stanton View the latest post

There are no new unread posts for this topic. Insurance

Benjamin Button

8

1082

Sun Apr 01, 2012 9:47 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Getting insurance again

PdLoader

2

514

Tue Aug 13, 2013 11:33 pm

daggx View the latest post

There are no new unread posts for this topic. Driving without insurance

carsurgin

1

3959

Tue Sep 29, 2009 10:37 am

Traffic Law View the latest post

 


Who is online

Users browsing this forum: No registered users and 0 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to: