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Ontario Highway Traffic Act

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Expired licence, fail to show insurance/permit, 65 in 50 zon
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PostPosted: Mon Jan 16, 2012 6:09 am 
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Joined: Mon Aug 15, 2011 1:14 am
Posts: 3
I am posting this on behalf of a friend.
He was late dropping off his son at school. He wasn't carrying his wallet - no licence/permit/insurance card. He got 4 tickets.
(1) Driving at 65 km/h in a 50 km/h zone - HTA sec 128
(2) Drive motor vehicle - no licence - HTA sec 32 (1) --- his licence had expired...was renewed the same day
(3) Fail to surrender permit for motor vehicle - HTA sec 7 (5) (a) --- he did not have the permit with him
(4) Fail to have insurance card - CAIC sec 3 (1) --- he had valid insurance, just didnt have the proof with him.

The trial is set for 5 months after the date of tickets, so he cannot use an 11B defence. His trial is at Markham Road in Toronto. I have helped him with the disclosure request for the speeding ticket.

Here are my questions --
(a) What disclosure (other than the officer's notes) can he request for tickets 2, 3 and 4?
(b) Can you please suggest how to fight tickets 2, 3 and 4?
(c) Can he try to meet with the prosecutor once the trial date has been set to get tickets 2, 3 and 4 squashed?
(d) Are the section numbers correct for tickets 3 and 4?
(e) If the speeding charge gets dismissed, can the others be thrown out since they originated from him being stopped due to speeding? I dont think so but I thought I would ask you all.

He really needs help from you experts. Thanks very much,
Sue.


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Re: Expired licence, fail to show insurance/permit, 65 in 50
PostPosted: Mon Jan 16, 2012 11:21 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
A) Nothing really.
B) There's isn't much to fight the tickets on. Best bet is a plea deal.
C) Can probably meet with the prosecutor on the morning of the trial and try and work out a deal. I can see 3 & 4 being dropped easily, not so sure about 2. Probably at least be offered a reduced fine.
D) Yes, although it's the CAIA, not CAIC
E) No, the other charges remain valid.

Again, plea deal is probably your best bet. Crown will probably drop most of the charges and/or offer a reduced fines. Even if you beat the speeding charge, the rest are pretty hard to beat. Bring documentation to show everything was valid on the date of the offence and that the licence was renewed that day.


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