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Ontario Highway Traffic Act

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no insurence ticket and fail to produce valid card
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PostPosted: Fri Aug 01, 2014 9:37 am 
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Joined: Wed Jul 01, 2009 2:17 pm
Posts: 69
got pulled over...

Was doing around 88 in an 80. A honda had just passed me doing around 100, coming into a 70. I saw the cruiser ahead and slowed to 75, the honda kept going. I thought he was nabbing the honda... anyway:

He said he stopped me because my front side windows are tinted and that is illigal (they are not very dark, but all the rears are).

He asked if i had anything illegal in the car, i said no. He asked if he could look, and i said no. He asked if i had any roaches in the car (??!??) i said i dont smoke. He said he could see my lighter (beside my cigarette pack) and i corrected with "i dont smoke pot". So he asked for my papers, i usualy keep them in the console... All i could find was a slip that had expired just in the end of June. He walked away with those without saying anything. Came back with a failure to produce slip ticket and a summons for no insurence with a note written on it to produce a valid slip within 72 hours. I said hey the new ones are in here in an envalope somewhere if you give me a few minutes ill find you an up-to-date slip. He said "i dont have time for that". So i said "but you had time to search my car if i let you??" and he said "i gotta go, bring the valid slip to the police station". I had also asked why dont you check your system for my insurence and he said he couldnt...

I do have insurence, i went home (5 minute drive) and dug the new slips out (in my visor with other mail). I think the fail to produce slip counds as a minor conviction for some companies? What do you think the crown/jp would say if i argued that he wouldnt let me look for the slip?


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Re: no insurence ticket and fail to produce valid card
PostPosted: Fri Aug 01, 2014 9:53 am 
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Posts: 279
If you WERE insured at the relevant time, then bring proof of that from your insurance company to your 1st appearance and that charge (the most serious one!) will be dropped. The prosecution will not have a case to proceed on with that charge. As for failing to produce the insurance slip, you are required to produce it upon demand. The officer doesn't have to wait for you to go looking for it---you're suppose to produce it right away. You therefore have no defence. Thus, count on being convicted on that offence. All the other stuff is irrelevant to your charge---its black or white; you either produced a valid insurance slip or you didn't when asked to do so by the officer; you don't get the luxury of wasting the officer's time while you try to organize your life by trying to find an insurance slip. You should know immediately where it is and be able to produce it when asked for it. That's precisely the purpose of the offence; be able to immediately prove you have valid insurance.


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Re: no insurence ticket and fail to produce valid card
PostPosted: Sun Aug 03, 2014 7:31 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Agree with highwaystar.

Just produce proof that you were insured at the time you were pulled over and the main charge is gone.

I don't know of any companies that count "failure to provide proof of insurance" as a minor conviction, but I could be wrong. In any case IIRC it is $65 for that one...

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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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