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Ontario Highway Traffic Act

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fail to surrender insurance card!!!
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PostPosted: Sun Dec 20, 2009 7:24 pm 
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Hey guys this is my second time posting. A while back actually about 5 month ago I got a ticket for proceeding contrary to sign at intersection 144(9). When the officer was asking me for my insurance and drivers license, i did not have the new insurance slip, :cry: thus he also gave me a ticket for "fail to surrender insurance card" sec 3(1). I took both tickets to court and im assuming the court date will come sometime soon after Christmas. So i was wondering if i ask my insurance company to give me some kinda of proof that i did have insurance on that day of conviction and bring that documentation to court, will the judge throw out the insurance charge?

any opinions and thoughts are welcome.

Thank You. :)


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PostPosted: Sun Dec 20, 2009 7:54 pm 
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Posts: 2933
Location: In YOUR rearview mirror!
you were issued an offence notice for "fail to surrender insurance card". Either you surrendered a valid card or not.

"IF" you were charged with "operate motor vehicle no insurance" or "permit operation of motor vehicle no insurance" then a letter from the company would matter if you had valid insurance. ** both of these offences would be a summons, and not a ticket with a fine on it.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Sun Dec 20, 2009 8:16 pm 
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i surrendered an invalid (outdated card) and got a ticket for a set fine of $50.oo
So my question is how do i battle this ticket in court or its impossible and i just have to plead guilty?

My vehicle was insured tho at that time, its just that i did did not have the new insurance card.


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No Insurance card
PostPosted: Fri Dec 25, 2009 11:50 am 
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Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
Usually if you go to the court and show the valid insurance card for the day the officer stopped you they will withdraw this type of ticket.

There is no defense, either you had a valid insurance card to show the officer, or you didn't....

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


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PostPosted: Sat Aug 14, 2010 4:50 pm 
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The Compulsory Insurance Act says:
Operator to carry insurance card
3. (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,
(a) an insurance card for the motor vehicle; or
(b) an insurance card evidencing that the operator is insured under a contract of automobile insurance,
and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. C.25, s. 3 (1).

“insurance card” means,
(a) a Motor Vehicle Liability Insurance Card in the form approved by the Superintendent,
(b) a policy of automobile insurance or a certificate of a policy in the form approved by the Superintendent, or
(c) a document in a form approved by the Superintendent;

Did you present the officer with "an insurance card," yes or no?
I don't see "valid" anywhere in the Act so don't put it there. Read this stuff carefully and have a LAW dictionary at your side NOT an English dictionary!


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