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"Fail to have insurance card & No validated permit
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PostPosted: Tue May 19, 2015 9:01 pm 
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Hello , this forum has a lot of learning and I am new to this site . May be this issue is discussed by this time , But I would appreciate all to see this issue . I was give two tickets "Drive Motor vehicle -No currently validated Permit " & "Fail to have insurance card " on the same day ,time and location last year . I had all those papers in my car but could not find right way then. I was returning home with my 3 years old sick sons blood work at a hospital and felt hungry crying as he was empty stomach for almost 3 hours waiting at the hospital. Cop stopped me as my son was crying aloud and asked for those papers . I was in rush and I lost my passion but couldn't give him any outside food . I was told by the cop that if you choose option 3 and provide papers , it will be fine . I was scheduled for the trial recently and missed the trial by 10 minutes . I applied for re-opening . I contacted last week to know the outcomes . I was told that the granted re-trial for "Fail to have insurance card " but denied for "Drive Motor vehicle -No currently validated Permit ". when I asked the clerk to know about denied "Drive Motor vehicle -No currently validated Permit " and the next steps, she could not give him proper answer what to do. she advised to contact them two days later. I do not know what's wrong with it . she advised that they need to talk to the justice office to make it clear . FYI, when filing "Re-opening " I had the same reason that I failed to come on time at the court house and delayed by 10 minutes for reasons same . Is there anything wrong or error with my case ? Did make any error? what would you suggest to do ? Can I fight the tickets not granted trial ? will it raise my insurance premium? I would greatly appreciate any comments , suggestions and recommendations from the forum members .


Thanks a lot for reading this issue .


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Re: "Fail to have insurance card & No validated permit
PostPosted: Tue May 19, 2015 11:12 pm 
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Posts: 2881
Location: Toronto
I suppose you could try to appeal the decision, but that's complicated. This is a tough one. I'll leave that to other forum members to suggest what to do.

The "Drive Motor Vehicle - no currently validated permit" is a tough one to beat. For the "Fail to surrender insurance card," you can try meeting with the Prosecutor and explaining your situation, just basically say it was an oversight, you are aware of the requirements, etc. Basically that there was no intent or lack of knowledge on your part, just human error. Some Prosecutors, once they hear that kind of story, will drop the charge. Others will say "tough." But, it's worth a try, if nothing else.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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Re: "Fail to have insurance card & No validated permit
PostPosted: Tue May 19, 2015 11:18 pm 
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Joined: Tue May 19, 2015 8:15 pm
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Radar Identified wrote:
I suppose you could try to appeal the decision, but that's complicated. This is a tough one. I'll leave that to other forum members to suggest what to do.

The "Drive Motor Vehicle - no currently validated permit" is a tough one to beat. For the "Fail to surrender insurance card," you can try meeting with the Prosecutor and explaining your situation, just basically say it was an oversight, you are aware of the requirements, etc. Basically that there was no intent or lack of knowledge on your part, just human error. Some Prosecutors, once they hear that kind of story, will drop the charge. Others will say "tough." But, it's worth a try, if nothing else.


Thanks for your insight.
Awaiting what other think and suggest.


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Re: "Fail to have insurance card & No validated permit
PostPosted: Wed May 20, 2015 11:44 am 
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Yes, I got "Re-opening of trial granted " for both ticket this morning . I would see if they convict me of offence, first ever in my life and whole of my family history.
I greatly appreciate the website and forum for informative ideas and suggestions .

thanks


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Re: "Fail to have insurance card & No validated permit
PostPosted: Wed May 20, 2015 8:30 pm 
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Since both of them were re-opened, if nothing else, you could plea bargain to drop one in exchange for pleading guilty to the other. Or, same thing, try explaining to the Prosecutor and see what they do.

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* 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


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Re: "Fail to have insurance card & No validated permit
PostPosted: Thu May 21, 2015 11:46 am 
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Thanks. but I have those documents with me . I was in rush to home when I was handed two of them. I can show it to the court. is there any chance that they convict me despite my documentation?

thanks


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Re: "Fail to have insurance card & No validated permit
PostPosted: Thu May 21, 2015 2:10 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Cyd wrote:
Thanks. but I have those documents with me . I was in rush to home when I was handed two of them. I can show it to the court. is there any chance that they convict me despite my documentation?


If your ownership was up to date, I think you should have been charged under section 7(5)(a) - Fail to Surrender Permit. It sounds like everything was up to date, you just couldn't provide proof of that to the officer.

It sounds like you're out of luck however with the insurance charge. It doesn't really matter that you had it in the car and can show it now, the charge is for not being able to show it to the officer at the time you were stopped.


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