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Ontario Highway Traffic Act

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operate moter vehicle without insurance and invalid plate
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PostPosted: Tue Dec 07, 2010 2:26 pm 
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Joined: Tue Dec 07, 2010 2:04 pm
Posts: 6
Hi buddies,

This morning, I was stopped by a police because my car has an expired Quebec plate.

actually I have new Ontario plate in my car, but I did not install it to replace the expired Quebec plate.

The policeman asked to see my insurance card. When I was trying to find my insurance card, the policeman said to me that he went back his police car and wait for me.

After about 20 minutes, I found my insurance card, and went to the police car to show him my new Ontario plate and my insurance card.

The policeman return me my materials, and told me to install my new Ontario plate ASSP.

A few hours later, I found two yellow forms (Form 104 - Summons to Defendant) : one saying that "Drive motor vehicle without insurance", another saying "operate vehicle with unauthorized plate".

each form has one one page. In my opinion, form usually has at least two pages.

So the policeman has finished these forms when I was trying to find my proofs.

My question is: are those forms are valid or not? do I have to appear before the Ontario Court of Justice on the given date shown on the forms?

Thanks a lot,

Young


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Re: operate moter vehicle without insurance and invalid plat
PostPosted: Tue Dec 07, 2010 4:43 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
yhu221300 wrote:
My question is: are those forms are valid or not? do I have to appear before the Ontario Court of Justice on the given date shown on the forms?

Reading the back of the form will tell you the answer.

Failing to attend court on date shown on the summons could result in an Arrest Warrant being issued.

_________________
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: operate moter vehicle without insurance and invalid plat
PostPosted: Tue Dec 07, 2010 5:45 pm 
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Joined: Tue Dec 07, 2010 2:04 pm
Posts: 6
What confused me is:

I had shown him valid insurance card and valid new Ontario plate to him (although I spent over 20 minutes to find all of them), but he completed those forms when I was searching for card and plate.

Is it reasonable for him to assume that I did not have valid insurance and plate just because he waited for a while?

THanks,


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Re: operate moter vehicle without insurance and invalid plat
PostPosted: Tue Dec 07, 2010 8:40 pm 
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Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
Your opinion is wrong. Part 3 summons =1 page

OPS


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Re: operate moter vehicle without insurance and invalid plat
PostPosted: Wed Dec 08, 2010 10:53 am 
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Joined: Tue Dec 07, 2010 2:04 pm
Posts: 6
If I have no insurance or valid plate, the police should tow my car away, right?

I believe I will easily win the court.

If somebody has experienced a similar story, could you please tell me how I should do before I go to the court, for example, what should I prepare for the court, what I should say and what I should not say.

Thanks a lot.


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Re: operate moter vehicle without insurance and invalid plat
PostPosted: Wed Dec 08, 2010 11:14 am 
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Joined: Tue Apr 22, 2008 7:21 am
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Location: In YOUR rearview mirror!
If the ON plate was registered by the MTO to be on the vehicle and the QC plate was on the vehicle = Using a plate (QC) not authorized for vehicle.

_________________
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: operate moter vehicle without insurance and invalid plat
PostPosted: Wed Dec 08, 2010 11:44 am 
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Joined: Tue Dec 07, 2010 2:04 pm
Posts: 6
Thanks! hwybear.

Yes, I moved from QC to ON, and got new ON plate but did not install it for a couple of months. I was too lazy to do that, sigh.

What cold I expect from the court?


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Re: operate moter vehicle without insurance and invalid plat
PostPosted: Wed Dec 08, 2010 5:19 pm 
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Joined: Thu Sep 25, 2008 5:28 pm
Posts: 162
Location: Mississauga
Bring a letter from your insurance company to your first apperance (not letter from broker or actual insurance card). Prosecutor will confirm if in fact your vehicle was insured at the time. On use plate not authorized - use your negotiations skills.


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Re: operate moter vehicle without insurance and invalid plat
PostPosted: Thu Dec 09, 2010 10:34 am 
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Joined: Tue Dec 07, 2010 2:04 pm
Posts: 6
Thanks! Traffic Law.

I will update my story then after.

I am still looking for more suggestions.

Thanks,


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Re: operate moter vehicle without insurance and invalid plat
PostPosted: Tue Dec 14, 2010 4:35 pm 
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Joined: Tue Dec 07, 2010 2:04 pm
Posts: 6
One more question:

I was required to present at court next month, but I may not make it. Is it possible to postpone the court date and how should I do?


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