Diversion or amendment to by-law

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fingerz
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Diversion or amendment to by-law

Unread post by fingerz on

Not going to get into the entire story but in a nut shell here it is.

My new truck was detailed and the detail-er turned off my automatic lights.
Got pulled over on highway
realized that the insurance in my brand new truck placed in my truck package was expired it was only temporary
Told officer I was going to call my insurance right away
she went to her car
insurance company emailed me proof of insurance stayed on the phone
She came back to my car refused to accept or even look at my proof and handed me a failure to provide valid insurance card ticket.

I have the disclosure of which she out right lies saying she waited for some time in the -29 weather for me to provide proof from my insurance by email she refused. Besides the point I have tried numerous times to contact the Crown to see if we could resolve this by way of diversion or an amendment to a by-law. I don't care about the $65 I just don't want to pay for it for the next 3 years on my insurance.

The crown has never attempted to contact me despite many calls to her office. Now I have court coming up! Can anyone recommend a common by law infraction I could ask to replace the HTA ticket. I don't think I can beat the ticket as I didn't have a original paper copy in the truck even though I think she could easily said my electronic copy would surfice.

It was truly an honest mistake it was my first brand new vehicle off the lot ever and when they told me my insurance and everything was in the vehicle binder I never even thought to check if it was temporary..


bend
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Unread post by bend on

The officer was correct. You have to surrender your insurance on demand. They are definitely under no obligation to wait while you contact your provider and have it emailed.

You can try to show up to your court date with your valid insurance and see what they say. Technically, they don't have to do anything because the ticket is for failure to provide the document on demand, not that you didn't have insurance at all. It's better than nothing. They'll probably either drop the ticket or not care whether you brought your insurance with you. Most likely one or the other. I wouldn't count on them picking an unrelated charge out of a hat for you.


jsherk
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Unread post by jsherk on

In the United States you might be able to swap a traffic ticket for an equivalently priced bylaw/parking ticket, but highly unlikely in Ontario.

Choose Not Guilty Option 3 Trial with Officer present, once trial date is set ask for disclosure, prepare to fight your case and maybe they will offer you a deal before trial starts.




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


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