My apologies if something similar has been posted in the past. Yesterday I received a $6500+ conviction notice for failure to display a valid sticker on my license plate and driving without insurance. The offense was in November 2009 and I was completely oblivious to the charge and the multiple court dates that occurred in my absence. I was apparently served the date on the original ticket and wasn't notified again until the conviction 5 days ago. The charge was deferred for almost 2 years, I assume hoping that I would eventually appear. When I was originally ticketed I mistakenly believed that the officer was charging me the relatively small fine of not having the proper insurance slip, as I was fully insured and have been for the last 20 years. The officer was very pleasant and brief in his explanation when he handed me the tickets. He mentioned just bringing the proof of insurance by and I (again mistakenly) assumed that he meant the station in order to get the insurance slip ticket dropped. He in no way mentioned the court date and I clearly didn't appreciate the ticket that he was handing me as I likely would have ripped the car apart to find the insurance slip. He then sent me on my way which makes no sense since he'd just charged me with failure to have insurance. I was driving my soon to be ex wife's SUV and I returned the car to her a few days later with the tickets still inside and never saw them again. I've had incidental tickets (5 over, parking, etc.) since and it just never occurred to me that I hadn't seen anything in the mail regarding a conviction on what I expected to be a small fine. I've been to the court house, got an extension and tomorrow I'm going to file for disclosure and the intent to file an appeal. I've been walked through the process, but my primary concern is weather or not I truly have some sort of recourse. I can typically handle this by myself, but the amount is so high I'm also wondering if I should hire a paralegal. I was honestly floored when I realized the situation; it was a complete misunderstanding on my part and I was fully insured at the time. Any advice would be appreciated! Thanks, Chris
My apologies if something similar has been posted in the past.
Yesterday I received a $6500+ conviction notice for failure to display a valid sticker on my license plate and driving without insurance. The offense was in November 2009 and I was completely oblivious to the charge and the multiple court dates that occurred in my absence. I was apparently served the date on the original ticket and wasn't notified again until the conviction 5 days ago. The charge was deferred for almost 2 years, I assume hoping that I would eventually appear.
When I was originally ticketed I mistakenly believed that the officer was charging me the relatively small fine of not having the proper insurance slip, as I was fully insured and have been for the last 20 years. The officer was very pleasant and brief in his explanation when he handed me the tickets. He mentioned just bringing the proof of insurance by and I (again mistakenly) assumed that he meant the station in order to get the insurance slip ticket dropped. He in no way mentioned the court date and I clearly didn't appreciate the ticket that he was handing me as I likely would have ripped the car apart to find the insurance slip. He then sent me on my way which makes no sense since he'd just charged me with failure to have insurance. I was driving my soon to be ex wife's SUV and I returned the car to her a few days later with the tickets still inside and never saw them again. I've had incidental tickets (5 over, parking, etc.) since and it just never occurred to me that I hadn't seen anything in the mail regarding a conviction on what I expected to be a small fine.
I've been to the court house, got an extension and tomorrow I'm going to file for disclosure and the intent to file an appeal. I've been walked through the process, but my primary concern is weather or not I truly have some sort of recourse. I can typically handle this by myself, but the amount is so high I'm also wondering if I should hire a paralegal.
I was honestly floored when I realized the situation; it was a complete misunderstanding on my part and I was fully insured at the time. Any advice would be appreciated!
If you did have insurance, it should be a relatively easy charge to beat. Youll need to contact your provider and request documentation showing that both you and your vehicle were insured on the date of the offence. The Crown would likely withdraw the charge if theyre satisfied with the documentation. As for driving your vehicle with no validation sticker, not sure if theres much you can do over that one. The fine for that one should only be $110 though, so a lot more affordable then the no insurance.
If you did have insurance, it should be a relatively easy charge to beat. Youll need to contact your provider and request documentation showing that both you and your vehicle were insured on the date of the offence. The Crown would likely withdraw the charge if theyre satisfied with the documentation. As for driving your vehicle with no validation sticker, not sure if theres much you can do over that one. The fine for that one should only be $110 though, so a lot more affordable then the no insurance.
What you'll need to do is go to the courthouse to re-open the case. You'll need to explain why you did not appear. Then, when you get a new trial date, you should do what Stanton says and that should take care of the "drive without insurance" part of it.
What you'll need to do is go to the courthouse to re-open the case. You'll need to explain why you did not appear. Then, when you get a new trial date, you should do what Stanton says and that should take care of the "drive without insurance" part of it.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck…
Got two very heavy tickets -- for failing to stop for a school bus, and for using a handheld device. Was running late in a morning rush traffic in Toronto and apparently passed a school bus on the opposite side w/o noticing its signal. A few meters after that I stopped behind the other cars waiting…
I recently received a ticket for proceeding contrary to sign at an intersection. While there are other issues with the offence (sign is not visible until 10ft from intersection, officer wrote wrong license plate number on ticket) my biggest question is about the sign itself.
I posted here a *while* back when I first got my speeding ticket, and I've been fighting it forever. Anyway, long story short - I went and had an appeal and both the prosecutor and the Judge agree that I have valid grounds to appeal on, but what we're arguing is whether the correct remedy is a…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming…
In 2005, the government passed legislation that enabled the introduction of variable speed limits at some point in the future. It didn't take effect right away, so it sat waiting for "proclamation by the Lieutenant Governor." Just by chance... I was reading the HTA earlier while browsing this…
I was on my way to work on a divided four lane highway. I was in the right hand lane following the flow of traffic. There was a slower car ahead of me and I wanted to change lanes and maintain my speed. When I looked in my left side mirror, I notice a red car going pretty fast in the passing…
So i got charged with Hand Held Device, just want to ask everyone if i could use this as my defence
It was midnight, I was dropping my fiance to pick up something on north bound Yonge st (near church) with my emergency lights on, Officer came and asked me to move along so i went up a few streets and…