Stressing out......

christinajm
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Stressing out......

Unread post by christinajm on

I got charged with careless driving last year ( Nov 2015) while driving with my G1 ( alone) . I got my licensed suspend. A couple months ago I got pulled over and got charged with driving under suspension, without a full licensed driver with me, and I also got a ticket for not surrendering insurance. I did not have insurance on the vehicle.
I have court tomorrow and everyone is telling me not to plead quality, what is going to happen? is their a risk of jail time? or am I just going to have a a lot of fines? what should I do? I already called Legal Aid about getting a lawyer and they said I can only get a lawyer through them if I am going to be going to jail.


jsherk
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Unread post by jsherk on

So you already got charged with Careless driving, which would have caused your insurance to increase a HUGE amount already. More charges like the ones you mentioned are going to cause another huge increase, or you may not even be able to get insurance after this.

Did you have insurance on the vehicle but just did not have card with you, or you did not actually have any insurance at all?

What are the two charges you got (wording and section number)?

What kind of tickets did you get? SUMMONS or NOTICE OF OFFENCE?

Are you appearing tomorrow as the date on a SUMMONS ticket that was given to you, or did you initially receive a NOTICE OF OFFENCE ticket and pick one of the options on the back?
+++ This is not legal advice, only my opinion +++


christinajm
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Unread post by christinajm on

I did not have insurance on the Vehicle when I got pulled over.
My car was impounded for 7 days .
Yes, I know that the careless only makes it hard to get insurance if any at all.
The tickets that i have are summons of offense tickets, tomorrow is my first day to appear in court for the tickets that I received.
I have a ticket for ( failing to surrender insurance card, and one for driving alone with just a G1 license, driving while suspended)


jsherk
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Unread post by jsherk on

So you did NOT get a ticket for "not having insurance", but you did get a ticket for "not surrendering insurance card"?

Can you list the section numbers for each of the three charges?
+++ This is not legal advice, only my opinion +++


christinajm
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Unread post by christinajm on

"not surrendering insurance card" is what says .
511 for the driving with just a G1, 53 for the driving with suspended license, fail to surrender insurance card 311? Sorry if the numbers are not right the section numbers are hard to make out.


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Unread post by jsherk on

I recommend that you do NOT tell anybody (not the officer, not the prosecutor, not the JP) that you did not have insurance because that is a $5000 fine and they will throw everything they can at you.

Section 53 says:
Driving while driver’s licence suspended
53. (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,
or to imprisonment for a term of not more than six months, or to both.


511 and 311 do not make any sense. Can you scan and post the tickets (blank out personal and officer info)?
+++ This is not legal advice, only my opinion +++


christinajm
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Unread post by christinajm on

Officer even told me not to say anything. when he gave me the ticket.
I was told today by a lawyer that I will probably just get fined for the driving while under supendsion and the other two tickets will get dropped .
Sorry the numbers were section 31, section 51.


jsherk
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Unread post by jsherk on

Okay well again section 31 and 51 don't make any sense either for the charges of fail to surrender card and driving g1 without licensed drivers. Scan the tickets and post so we can figure out correct charges.

They MIGHT offer you a deal to plead guilty to one and drop the other two, but there is no guarantee for this.
+++ This is not legal advice, only my opinion +++


christinajm
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Unread post by christinajm on

I have attached the G1 ticket.
Attachments
G1ticket.png
G1ticket.png (203.02 KiB) Viewed 788 times


christinajm
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Unread post by christinajm on

Insurance


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bobajob
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Unread post by bobajob on

just wondering, what happens if I get hit or a love one gets killed or maimed or seriously injured, by a person who drives "knowingly" with no insurance, and on a suspended license,
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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highwaystar
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Unread post by highwaystar on

bobajob wrote:just wondering, what happens if I get hit or a love one gets killed or maimed or seriously injured, by a person who drives "knowingly" with no insurance, and on a suspended license,
Every Ontario auto insurance policy must include "Uninsured Motorist Coverage" (as per section 265 of the Insurance Act and regulation 676. The government has mandated this to spread the damages caused by uninsured individuals to be shared amongst all insurance policy holders.

So, if you get hit by someone with no insurance, YOUR insurance policy provides coverage. The maximum benefit is $200,000 shared amongst ALL plaintiffs. That means that if there are passengers in your car, you ALL share in the $200,000. That could mean peanuts for everyone. Of course, you can always customize your own policy and pay additional premiums to increase that maximum, but very few people actually do that.

There IS one really dumb catch though----insurers do not have to pay ANYTHING under the uninsured provision if the victim can recover under another third party auto insurance policy. So, for example, if there is a 3 car accident whereby the most at fault (99% at fault) was the uninsured person and the court determines car 2 was only 1% at fault, you'd only be able to collect 1% of your losses since your insurer would NOT pay anything out under the 'uninsured motorist coverage' provision. This has become known as the 1% rule in case law. The only way to collect under the uninsured motorist coverage is if you are not entitled to any other auto insurance coverage. Stupid, I know!

Of course, this doesn't negate the victim's ability to still sue the 'uninsured' person personally. So, a person could go after the defendant's personal property, assets, and future income including retirement pension income. Its costly litigation but a great way to ensure the selfish fool who chose not to get insurance is made to pay for the rest of their life. And if you have a very good lawyer, they'll also be sure to go after any inheritance the defendant will collect plus any benefits his estate might receive. In other words, don't stop till you squeeze every ounce of that lemonhead's money---dead or alive! :wink:
Last edited by highwaystar on Tue Nov 15, 2016 1:51 pm, edited 1 time in total.


jsherk
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Unread post by jsherk on

Okay it is under REGULATION 340/94 ...
that is why I could not find it. It is section 5.(1) of that regulation that says:
5. (1) The holder of a Class G1 driver’s licence may drive a Class G1 motor vehicle on a highway if a holder of a Class A, B, C, D, E, F or G driver’s licence or its equivalent authorizing the holder to drive the motor vehicle, who qualifies as an accompanying driver, occupies the seat beside the driver for the purpose of giving him or her instruction in driving the motor vehicle and the following additional conditions are met:
1. Revoked: O. Reg. 205/10, s. 2 (1).
2. The accompanying driver’s blood alcohol concentration must be less than 50 milligrams of alcohol in 100 millilitres of blood while the novice driver is operating the motor vehicle.
3. No person other than the novice driver and the accompanying driver shall occupy a front seat in the motor vehicle.
4. The number of passengers in the seats other than the front seats of the motor vehicle must not exceed the number of operable seat belt assemblies in those other seats.
5. The motor vehicle may not be driven on a highway designated by subsection (4).
6. The motor vehicle may not be driven by the novice driver between midnight and 5 a.m.


And I think the not surrender insurance card is under Ontario HTA Section 33.(1) whic says:
As to carrying licences and surrender on demand
33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act.
+++ This is not legal advice, only my opinion +++


screeech
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Unread post by screeech on

31 is likely S. 3(1) C.A.I.A...failing to surrender insurance card...


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bobajob
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Unread post by bobajob on

txs hiway, sentiments exactly,
highwaystar wrote:Of course, this doesn't negate the victim's ability to still sue the 'uninsured' person personally. So, a person could go after the defendant's personal property, assets, and future income including retirement pension income. Its costly litigation but a great way to ensure the selfish fool who chose not to get insurance is made to pay for the rest of their life. And if you have a very good lawyer, they'll also be sure to go after any inheritance the defendant will collect plus any benefits his estate might receive. In other words, don't stop till you squeeze every ounce of that lemonhead's money---dead or alive! :wink:




--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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