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Fail to Surrender 3(1) ticket. Need clarification.
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PostPosted: Wed Jan 04, 2012 11:01 pm 
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Joined: Wed Oct 26, 2011 11:19 pm
Posts: 61
Hi All,

I would appreciate clarification on a situation I was witness to. I was a passenger in a vehicle pulled over for a speeding infraction. My friend, the driver, was dropping me off in his brother's car [registered to his brother and insured under his brother's name, although he tells me he is on the insurance as an occasional driver]. The police officer wrote him two tickets, one for the speeding offense and one for failure to surrender insurance card as he could only find an expired one. When he returned home, he found that his brother had the new [valid for this time period] insurance card in the car, but it wasn't easily accessible at the time of the ticket.

What are his options? Does the fact that the ticket is written in his name, and not his brother's, who's car the car is registered to, make it a fatal error? He wants to fight both tickets.

Thanks!


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Re: Fail to Surrender 3(1) ticket. Need clarification.
PostPosted: Thu Jan 05, 2012 1:58 am 
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Location: In YOUR rearview mirror!
insurance card offence goes to the driver, even if owner is the passenger seat...as it is the driver who must surrender proof of valid insurance upon request of a police officer.

if a charge of "no insurance" would go to the owner, which is a summons, not a ticket

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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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Re: Fail to Surrender 3(1) ticket. Need clarification.
PostPosted: Thu Jan 05, 2012 2:14 am 
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hwbear is right the onus is on the driver.(to have every document)
You said that the card was in a hard to get to place.
Did they only give you so much time?
My thought is that you should have as much time as you need to find the card?

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Viper1

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Re: Fail to Surrender 3(1) ticket. Need clarification.
PostPosted: Thu Jan 05, 2012 9:42 am 
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Viper, I think there can't be as much time as needed. How about reasonable 5-10 min max in my eyes is more than sufficient.


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Re: Fail to Surrender 3(1) ticket. Need clarification.
PostPosted: Thu Jan 05, 2012 12:59 pm 
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Location: In YOUR rearview mirror!
paul1913 wrote:
Viper, I think there can't be as much time as needed. How about reasonable 5-10 min max in my eyes is more than sufficient.


agree with ya Paul1913 in being reasonable.....
I have a method I use, where I tell the driver to activate the 4 ways if the proper insurance card is found. If 4 ways come on prior to my signature hitting the paper I will not issue the offence notice.

Having said that, the driver must surrender the insurance card upon demand, which is the 1st initial time they are spoke to.

_________________
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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