Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 4 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Failure to Provide Insurance Card
Author Message
PostPosted: Thu Apr 27, 2017 12:01 am 
Offline
Newbie

Joined: Tue Jan 20, 2015 9:54 pm
Posts: 12
I am writing this on behalf of a friend because I strongly believe I can help him fight this but wanted the community's input first:

1. He was stopped for not wearing a seatbelt in Cornwall by the Cornwall Police.
2. So, he provided his licence, registration, and proof of insurance.
3. Then, the officer came back and told him he wouldn't give him a ticket for the seatbelt but a ticket for failure to provide insurance because the one he handed him was expired.
4. He simply forgot to put the new proof of insurance in the car when he got it. So he has and had valid insurance at the time he was pulled over. It just wasn't in the car at the time he was stopped.

So, before I help him fight the ticket I am wondering if he can fight the ticket considering he can prove he had valid insurance at the time or will the prosecutor see that the officer let him off on the seatbelt charge therefore simply charging him for the seatbelt charge if they were to drop the insurance charge?

Thank you for your time and input.


Top
 Profile  
 
Re: Failure to Provide Insurance Card
PostPosted: Thu Apr 27, 2017 1:10 am 
Offline
VIP

Joined: Fri Jun 25, 2010 3:30 am
Posts: 753
The charge isn't that your friend didn't have insurance (that's a big ticket !). The charge is that he didn't produce it when asked, which he didn't. The charge is a slam dunk for the Crown.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Top
 Profile  
 
Re: Failure to Provide Insurance Card
PostPosted: Thu Apr 27, 2017 8:48 am 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Failure to have insurance is a huge fine and a very serious charge for insurance purposes. Failing to provide your insurance card is a small fine (in comparison) and just a minor charge for insurance purposes.

The officer can still charge your friend with not wearing a seatbelt any time up to 6 months from the date that it occured.

Is early resolution an option on the back of the ticket? If it is, I would choose this option and take a copy of insurance and card proving it was valid. You MIGHT get the prosecutor to drop it IF you don't mention the officer was going to charge you for not wearing a seatbelt. They don't have to drop it, but sometimes they do. This is your best chance at getting ticket dropped in my opinion.

If you plead not guilty and go to trial, then these are possible scenarios:
- You show up and ask prosecutor to drop it, but since officer is there the prosecutor will say "no". You then go to trial to try and beat it and you lose because there is no defence to this charge... officer says you did not give it to him, so you are guilty.
- Alternatively the officer does not show up for court (very rare for this to happen) and they have to withdraw the charge and it gets dropped.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Failure to Provide Insurance Card
PostPosted: Thu Apr 27, 2017 9:06 pm 
Offline
Member

Joined: Tue Aug 16, 2016 10:09 am
Posts: 175
I have seen prosecutors in the GTA routinely drop Failure to Surrender Insurance Card charges when the defendant brings the correct card to the court. But that's no guarantee that all prosecutors in all courts would do so. I remember the good old days when we could bring the card to a police station and have the charge withdrawn.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Failure To Provide Insurance Card?

Z24

13

13510

Sun Sep 18, 2011 1:59 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Failure to Provide Insurance Card

gogreen

3

1596

Thu Aug 08, 2013 8:55 pm

Stanton View the latest post

There are no new unread posts for this topic. Failure To Provide Insurance Card?

preston1986

2

1104

Wed May 13, 2015 8:02 pm

iFly55 View the latest post

There are no new unread posts for this topic. S3(1) Fail To Provide Insurance Card

forevergone

7

206

Thu May 25, 2017 6:35 am

jsherk View the latest post

There are no new unread posts for this topic. no full stop got dropped to fail to provide insurance card

cckwokchun

4

981

Tue Apr 03, 2012 8:51 pm

cckwokchun View the latest post

There are no new unread posts for this topic. Failure to provide insurance but it was in the car

mimsychop

4

447

Wed Nov 23, 2016 7:27 pm

Nanuk View the latest post

There are no new unread posts for this topic. failure to surrender insurance card

dubseller

4

2780

Wed Sep 01, 2010 5:25 pm

dubseller View the latest post

There are no new unread posts for this topic. Failure to Surrender Insurance Card

ulot9040

0

2162

Fri Nov 12, 2010 3:50 pm

ulot9040 View the latest post

There are no new unread posts for this topic. failure to show insurance card

tanguay78

1

1080

Fri Sep 16, 2011 9:40 am

Simon Borys View the latest post

There are no new unread posts for this topic. failure to surrender insurance card

kwigle

13

6093

Fri Jan 27, 2012 9:09 pm

OPS Copper View the latest post

There are no new unread posts for this topic. Failure to surrender insurance card in dealership loaner

[ Go to pageGo to page: 1, 2 ]

jestrela

22

633

Tue Apr 25, 2017 1:55 pm

jsherk View the latest post

There are no new unread posts for this topic. Failure surrender insurance card dealer loaner

jestrela

2

221

Thu Feb 09, 2017 4:50 pm

jsherk View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.