Hi I know I'm in big trouble so just trying to prepare myself as best as I could. In Oct I was pulled over while driving to a job interview with expired license plates and Ireins had just recently frozen my insurance as I could no longer afford the payment. I had been out of work since start of the year and was unable to renew my plates in May (the renewal date) or keep up on insurance payments. I explained this to the officer and he told me he's going to let me off without a ticket but that I should immediately have my insurance unfrozen. I did that immediately after he left, calling my insurance agent and reinstating my insurance that very day. Today I received a Summon notice from Courts for April 5th where I'm being charged with the following: (1) Drive motor vehicle, no current validation on plate - Highway Traffice Act s. 7(1)(c)(i) (2) Operate motor vehicle without insurance - Compulsory Automobile Insurance Act s. 2(1)(a) (3) Produce False Evidence - Compulsory Automobile Insurance Act s. 2(3)(b) certain copies of and/or original books, records and documents, and without limiting the generality of the foregoing, including the following - Certified Documents - Ministry of Transportation of Ontario (driving record / VIN / plate by date search etc) - Allstate Insurance Company - Representative / Business Records / Policy Information / Insurance card / Other insurance related documents -officers notes -this notice My date is set for April 5th, 2017. Is the summon to meet with the prosecutor or with the Justice of Peace? Should I plead not guilty and hope to god for a plea deal? It was the only time I drove my car and it just to get to the job interview all the way in Scarborough as it was not easily accessible by TTC/transit... I desperately need my car in order to keep my current job not to mention my license and I know my insurance will skyrocket...PLEASE ANY INFO WILL HELP, I've never been through anything like this before and have no one really to turn to. I'm assuming at best I'm looking at a $5000 fine for which I'll have to go on payments for as I dont have that much at the moment sadly.

Topic

Summon, driving w/out insurance, first time offense

by: insuranceidiot on

18 Replies

jsherk
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Re: Summon, driving w/out insurance, first time offense

Well even if the prosecutor drops both the CAIA charges, you could still plead not guilty and request a trial and disclosure for the plate charge. Maybe the officers notes are missing something so at trial that one would get dismissed as well. You would have to ask your insurance company how that particular charge would affect your insurance, but it definitely not as bad as driving without insurance charge.

Well even if the prosecutor drops both the CAIA charges, you could still plead not guilty and request a trial and disclosure for the plate charge. Maybe the officers notes are missing something so at trial that one would get dismissed as well.

You would have to ask your insurance company how that particular charge would affect your insurance, but it definitely not as bad as driving without insurance charge.

+++ This is not legal advice, only my opinion +++
bend
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Re: Summon, driving w/out insurance, first time offense

When you're showing up for trial charged with driving with no insurance and trying to mislead an officer into thinking you had insurance, you want to go to court and try to do the same exact thing and show them you've learned absolutely nothing. What can possibly go wrong? There's no set fine for driving without insurance. It's $5,000 to $25,000. I'd suggest maybe hiring someone to do the talking and try to minimize the damage as much as possible. However, it's your decision.

When you're showing up for trial charged with driving with no insurance and trying to mislead an officer into thinking you had insurance, you want to go to court and try to do the same exact thing and show them you've learned absolutely nothing. What can possibly go wrong?

There's no set fine for driving without insurance. It's $5,000 to $25,000.

I'd suggest maybe hiring someone to do the talking and try to minimize the damage as much as possible. However, it's your decision.

jsherk
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Re: Summon, driving w/out insurance, first time offense

If the car insurance company says you were covered that day, then you were covered and there is nothing misleading. If they say you were not covered until a certain time on that day, then it would be misleading only if you tried to say you were covered before the time the insurance company says your coverage started. Will you risk driving without insurance in the future knowing now that there is a possibility of a $5,000 fine? I bet you learned something! These are serious charges though so you should seriously consider legal advice and legal representation. And remember everything I tell you on this forum is not legal advice... it is just simply my opinion of what I would do if it were me in the same situation.

If the car insurance company says you were covered that day, then you were covered and there is nothing misleading. If they say you were not covered until a certain time on that day, then it would be misleading only if you tried to say you were covered before the time the insurance company says your coverage started.

Will you risk driving without insurance in the future knowing now that there is a possibility of a $5,000 fine? I bet you learned something!

These are serious charges though so you should seriously consider legal advice and legal representation. And remember everything I tell you on this forum is not legal advice... it is just simply my opinion of what I would do if it were me in the same situation.

+++ This is not legal advice, only my opinion +++
insuranceidiot
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Re: Summon, driving w/out insurance, first time offense

I understand what you and Bend are saying and that it is a very FINE line here for me. Trust me I've learned my lesson big time just from the stress of it. I have gotten a letter that states my coverage was reinstated on Oct 21st, 2016 at 2:50 pm and my insurance says that the LEO called in to check the status of my insurance at 3:00 PM. Given all this information I still feel I should just state that I thought I was insured that day and it turned out I wasn't as my policy was originally supposed to be resintated on Oct 1st, 2016 when I originally froze coverage (which I have the documents and signed forms for + communication with my Insurance agent via email). On Oct 1st when my insurance agent emailed me he was reinstating coverage I told him ok but my car was just sitting there with a dead battery and he messaged me saying lets hold off. On the day I sent the officer my insurance electronically I had forgotten that my policy wasn't reinstated Oct 1st as per the signed forms. Irregardless I drove to my YMCA interview with no insurance. That is the fact.

jsherk wrote:

If the car insurance company says you were covered that day, then you were covered and there is nothing misleading. If they say you were not covered until a certain time on that day, then it would be misleading only if you tried to say you were covered before the time the insurance company says your coverage started.

Will you risk driving without insurance in the future knowing now that there is a possibility of a $5,000 fine? I bet you learned something!

These are serious charges though so you should seriously consider legal advice and legal representation. And remember everything I tell you on this forum is not legal advice... it is just simply my opinion of what I would do if it were me in the same situation.

I understand what you and Bend are saying and that it is a very FINE line here for me. Trust me I've learned my lesson big time just from the stress of it. I have gotten a letter that states my coverage was reinstated on Oct 21st, 2016 at 2:50 pm and my insurance says that the LEO called in to check the status of my insurance at 3:00 PM.

Given all this information I still feel I should just state that I thought I was insured that day and it turned out I wasn't as my policy was originally supposed to be resintated on Oct 1st, 2016 when I originally froze coverage (which I have the documents and signed forms for + communication with my Insurance agent via email). On Oct 1st when my insurance agent emailed me he was reinstating coverage I told him ok but my car was just sitting there with a dead battery and he messaged me saying lets hold off. On the day I sent the officer my insurance electronically I had forgotten that my policy wasn't reinstated Oct 1st as per the signed forms. Irregardless I drove to my YMCA interview with no insurance. That is the fact.

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