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Ontario Highway Traffic Act

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Re: Failure to surrender insurance card in dealership loaner
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PostPosted: Tue Feb 14, 2017 6:46 pm 
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Newbie

Joined: Wed Feb 08, 2017 9:31 pm
Posts: 9
Hi guys.
Me again.
Thanks for all your replies. I have been learning a lot.
I am just frustrated about the circumstances surrounding this charge. But alas the law is the law black and white but hoping the circumstances work in my favor. I legitimately made the mistake of not locating the documentation even though it was in the vehicle but misplaced.
I was reading on ticketcombat.com, some prosecutors will consider a "trade off" deal at first attendance, especially if it's a fine for a larger amount in exchange for a non-conviction charge on your driver record. Any one have any luck with this? Suggestions on the site include a parking fine(s), no seatbelt as a passenger, red loght camera fine, etc etc. What do you think.

I also read on the same site POA 59(2) - "Relief against minimum fine – Although the provision that creates the penalty for an offence prescribes a minimum fine, where in the opinion of the court exceptional circumstances exist so that to impose the minimum fine would be unduly oppressive or otherwise not in the interests of justice, the court may impose a fine that is less than the minimum or suspend the sentence."

Would this work in my case?
Chime in anyone Especially jsherk and OTP paralegal

Thanks.


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Re: Failure to surrender insurance card in dealership loaner
PostPosted: Wed Feb 15, 2017 1:12 pm 
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Joined: Mon Nov 28, 2016 3:00 pm
Posts: 89
jestrela wrote:
Hi guys.
Me again.
Thanks for all your replies. I have been learning a lot.
I am just frustrated about the circumstances surrounding this charge. But alas the law is the law black and white but hoping the circumstances work in my favor. I legitimately made the mistake of not locating the documentation even though it was in the vehicle but misplaced.
I was reading on ticketcombat.com, some prosecutors will consider a "trade off" deal at first attendance, especially if it's a fine for a larger amount in exchange for a non-conviction charge on your driver record. Any one have any luck with this? Suggestions on the site include a parking fine(s), no seatbelt as a passenger, red loght camera fine, etc etc. What do you think.

I also read on the same site POA 59(2) - "Relief against minimum fine – Although the provision that creates the penalty for an offence prescribes a minimum fine, where in the opinion of the court exceptional circumstances exist so that to impose the minimum fine would be unduly oppressive or otherwise not in the interests of justice, the court may impose a fine that is less than the minimum or suspend the sentence."

Would this work in my case?
Chime in anyone Especially jsherk and OTP paralegal

Thanks.


Section 59 applications argue undue financial hardship. Usually these applications would be made where there are significant fines in the 4,5, or 6 digit range. Even then there are some Justices or jurisdictions where the application may be denied. Fines are there to cause penalty and inconvenience to place a consequence to the behaviour and to attempt to prevent it from happening again. Your fine is likely around $65 for this simple ticket. I would be very surprised if even the most lenient of Justices would consider that to impose an undue financial hardship.

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The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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Re: Failure to surrender insurance card in dealership loaner
PostPosted: Wed Feb 22, 2017 8:57 pm 
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Joined: Wed Feb 08, 2017 9:31 pm
Posts: 9
Got my notice of trial today and a handy application for disclosure form to submit.

1) isn't the prosecutor suppose to set something up prior to trial? I believe it was called early resolution. Or do I have to contact them myself?

2) when should I submit my notice for disclosure? Wait and see if the prosecutor will meet with me?

I just want to explain the circumstances surrounding the offence and hope he/she is in a generous mood. That's my only hope I think? I'm not sure a JP will accept my "it was a loaner" defence. Even with the proof it was insured and a letter from dealership.

Also is there any way to prolong this for a couple more months? Hopefully just prior to insurance renewal?


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Re: Failure to surrender insurance card in dealership loaner
PostPosted: Thu Feb 23, 2017 11:31 pm 
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Jr. Member

Joined: Tue Dec 13, 2016 7:26 pm
Posts: 81
Location: Markham
If you had a ticket with Option 2: Early Resolution Meeting with Prosecutor, then that's how you would get a meeting to discuss the possible resolution of your matter.

If this was not an option on your ticket, then early resolution may not be available in your area. Alternatively, in some areas, you request an early resolution meeting after receiving a notice of trial (i.e. Toronto).

Even if early resolution is not an option for you, you can always contact the courthouse or the prosecutor's office for a possible resolution. The goal is to keep as many court cases from getting to trial because it's costly and time consuming, so they will be open to discussing a possible resolution. The prosecutor may also offer you a plea deal on the day of your trial.

You should submit your request for disclosure as soon as possible. Disclosure will allow you to review the case against you which will allow you to make an informed decision about how you want to proceed. You can settle your case any time between now and the date of your trial.

If the prosecution has failed to provide you with disclosure by the date of your trial, you can request for an adjournment which may buy you more time. But unless there's a reason for you to request an adjournment (i.e. family emergency, vacation, etc.), the trial will likely proceed on the day that it is set.


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Re: Failure to surrender insurance card in dealership loaner
PostPosted: Tue Apr 25, 2017 11:23 am 
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Joined: Wed Feb 08, 2017 9:31 pm
Posts: 9
*UPDATE*
Need help guys...whatever you got....I think I got the Crown on this one.

So I applied for disclosure on February 23, 2017 by fax. I have a copy of the original and the fax confirmation, asking for the disclosure to be mailed to me.
I called March 23 to the clerks office, who informed me nothing had been updated on the case.
I called again April 21 to the clerks office, who informed me there was no disclosure sent, and I should contact the Prosecutors office.
I called the Prosecutor and he said he needed to review my case and get back to me.
Prosecutor called this morning, informing me that he will be asking the court for an adjournment because there was "an issue with the signature on the ticket", and therefore that is why no disclosure was sent to me. He kept saying "if I'm successful". He suggested that we could all agree on a new trial date that works for everyone. I held my cards to my chest and didn't say anything about what i was thinking, which is "I think I got this guy....I can ask for the charges to be withdrawn".

What is my next move? I assume I will have to attend court and speak in front of the JP. I spoke to an officer about it and he said I should argue R. vs. Stitchcombe 11(b) charter right violation which I as the defendant took meaningful steps to expedite the proceedings and requested the evidence against me be given in a timely manner, and the case is now taking markedly longer than reasonably necessary.

What should I say? How will this play out? I assume the JP will ask if I oppose to the crown's motion of adjournment in which I will say "yes your Worship" and then how do I proceed? Just as I have typed it above?

Let me know what you have guys.....I know there is a chance the JP will grant an adjournment....but I'm going to at least try...


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Re: Failure to surrender insurance card in dealership loaner
PostPosted: Tue Apr 25, 2017 11:50 am 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1706
If you show up for court then they can fix/amend it and carry on as if nothing happened.

If you do NOT show up, then they can not amend it.

Very important... Was your copy of the ticket signed?

Read this thread: post44048.html

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


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Re: Failure to surrender insurance card in dealership loaner
PostPosted: Tue Apr 25, 2017 12:08 pm 
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Newbie

Joined: Wed Feb 08, 2017 9:31 pm
Posts: 9
yes, my copy was signed.


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Re: Failure to surrender insurance card in dealership loaner
PostPosted: Tue Apr 25, 2017 1:55 pm 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1706
Okay so that is interesting that yours was signed but the officers copy was not? Or I wonder what other issue there could be?

You should call the Provincial Offences Office and ask them what date they received and filed the Certificate of Offence from the officer. The officer has to file it within 7 days so if it was filed after that then the ticket is not valid and they can fix/amend that.

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


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