3 tickets for everything except the reason i got pulled over

mistry
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3 tickets for everything except the reason i got pulled over

Unread post by mistry on

Today I got 3 tickets and one of them was Fail to surrender insurance 3(1), Drive motor vehicle no currently validatied and Fail to surrender permit motor vehilce

The reason i got pulled over was because i was in the left lane trying to get in to the right lane because there was construction up ahead.
there were appreaently two signs that said" right lane must exit" on to the highway. i didn't need to exit and there was cars bumper to bumper so i tried to give my left signal and and pull to the left. a car behind me honked because i was blocking its way from going on the the highway. the car infront of me went in to the left lane passing the highway as well as the soild white line . I tried to do the same but little did i know the person that i was trying to go infront of was a undercover cop.

I am an occasional driver for the vehicle and I DO have insurance but it was not present at the time

He said that " just because the person infront of me got away with it doesnt mean i can too "
that is so unfair!

anywho , he didn't take of any demirit point or anything, but he said that if i do appear in court then he will have to say: why i got pulled over.

what should i do ?:(


Stanton
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Unread post by Stanton on

Regardless of demerit points, 3 convictions will definitely impact your insurance rates. I'd request a pretrial meeting with the Crown and try to work out a deal. Hopefully they'd be willing to drop one or two of the charges in exchange for a guilty plea on the third.


mistry
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Unread post by mistry on

Hey thank you so much
if i go to court however and he states the reason of why i got pulled over
are they allowed to take the demirit points off?
or it must at the incident?


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Unread post by Radar Identified on

Demerit points are administrative actions taken by the MTO. They only go on your record if you are convicted of, or plead guilty to, an offence that has demerit points. The courts and the police have zero control over it. If you get convicted of any offence with demerit points, MTO will automatically tack them on your record. If you don't get convicted of that offence, you don't get demerit points.

However - NONE of the offences you got ticketed for have demerit points. That said, as Stanton points out, your insurance company will likely hammer you because you'd have three convictions (if you get convicted, that is). "Drive no currently validated permit" is often considered a major offence by insurance companies. You should try to offer to plead guilty to one or two of the offences in exchange for dropping the other. Get your permit updated and make sure that all of your paperwork is in the car at all times. You HAVE to carry it with you.

If you go to court, they can't just charge you with a new offence mid-way through the trial, so admitting to trying to cut in at the last second is not going to result in a new charge against you. They have up to six months to file a new charge. So that's good news for you.

Next time you get in a similar situation, just exit the highway and get back on it. The road will still be there.
* 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


mistry
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Unread post by mistry on

thank you, i would have gone on the highway but i only have my G2 not my G.
the reason i asked you about my demirit points was because the cop pulled me over because i Failed to obey the sign...
which could have lead to the points being taken off but luckily he didn't. and he told me if i come to court he willl have to tell them why he pulled me over .
Indirectly it meant to me that if i dont pay the fine and end up coming to court I'm screwed because he would state the reason of me being pulled over.


iFly55
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Unread post by iFly55 on

http://www.e-laws.gov.on.ca/html/statut ... quote]PART I
COMMENCEMENT OF PROCEEDINGS BY CERTIFICATE OF OFFENCE

Certificate of offence and offence notice

Service
(3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred. R.S.O. 1990, c. P.33, s. 3 (3).[/quote]unless your trial is within 30-days after your alleged offense, i believe the officer/crown can't introduce the Disobey Sign HTA infraction at trial

@Radar Identified

can they issue a Summons for Disobey Sign?

http://www.e-laws.gov.on.ca/html/statut ... quote]PART V
GENERAL PROVISIONS

Limitation
76. (1) A proceeding shall not be commenced after the expiration of any limitation period prescribed by or under any Act for the offence or, where no limitation period is prescribed, after six months after the date on which the offence was, or is alleged to have been, committed.[/quote]


m5lover
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Unread post by m5lover on

I thought you can drive on the highway with G2 without any problem. Am I missing something in here, as I have been doing that for the past 6 months.
I did not see that condition on the paper given to me when I got my G2, though I remember having one for alcohol tolerance of Zero and the limit on kids in the car & so on, but nothing was about driving on the highway.

Thanks,
Erick

mistry wrote:thank you, i would have gone on the highway but i only have my G2 not my G.
the reason i asked you about my demirit points was because the cop pulled me over because i Failed to obey the sign...
which could have lead to the points being taken off but luckily he didn't. and he told me if i come to court he willl have to tell them why he pulled me over .
Indirectly it meant to me that if i dont pay the fine and end up coming to court I'm screwed because he would state the reason of me being pulled over.


Stanton
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Unread post by Stanton on

iFly55 wrote:can they issue a Summons for Disobey Sign?
Yes, a summons can be issued in lieu of an offence notice even for charges with a set fine. It’s not a common practice, but there are certain circumstances where it may be warranted.

Common reasons why:
1) More than 30 days have passed since the offence took place.
2) There are multiple charges, one of which has no set fine, therefor all charges would be laid by way of summons, even those with set fines (not required but best practice).
3) Seeking more severe punishment then set fine for serious or repeat offence.

In regards to the 30 day limit in the first section you’ve quoted, that’s referring to when the Court proceeds by way of a regular ticket (certificate of offence) versus the Part III summons (which are different than a certificate of offence summons). So even if the initial charges were laid on a regular ticket, the officer could still lay an additional charge up to six months after the fact by way of summons.

That being said, I've never heard of it being done. The only time police tend to wait to lay a charge is when a matter takes some time to investigate.


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Unread post by Radar Identified on

m5lover wrote:I thought you can drive on the highway with G2 without any problem. Am I missing something in here, as I have been doing that for the past 6 months.
You are right. There is no restriction on driving on any highway in Ontario if you have a G2. It's if you have a G1 that you can't drive on a 400-Series Highway or roads like the Don Valley Parkway, the EC Row Expressway in Windsor or the Conestoga Parkway in Kitchener-Waterloo.

@iFly55:

Stanton beat me to it... but yes they can issue a summons for Disobey Sign, although it is VERY unlikely.

@mistry:

You were ticketed for "paperwork issues." Main thing I'd worry about is showing that all of your paperwork is up-to-date and in order, and then trying to plead down a couple of your offences - or offer to plead guilty to one or two in exchange for dropping another.




* 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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