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Ontario Highway Traffic Act

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Failure to Submit Insurance and Ownership...
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PostPosted: Sat Jul 30, 2011 10:01 pm 
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Joined: Sat Jul 30, 2011 9:37 pm
Posts: 2
Hi there, just found this site, looks very helpful so thanks to anyone with ideas and responses...

I just got pulled over and ticketed for Failure to Surrender Insurance Card 3(1) and for Failure to Surrender Permit for Motor Vehicle 7(5)(a)

I honestly did not realize you had to have these documents in the vehicle, I was under the understanding that you had 30 days to present them if requested. After a quick google I realise this is wrong, and I usually do carry them, but as Murphy's law will state, the one day you forget them is the day you get pulled over. The ownership and insurance was tucked into my dayplanner because my plates are coming due and I put all the papers together to go renew the plates, then before I left I took my planner out of my bag to make space, resulting in the documents being at home instead of in the car. Ugh.

I really can't afford these tickets and I can't afford my insurance going up either, but I want to be realistic and not drag this out. What is my best course of action? Is there any chance of having these tickets dropped if I take them to trial and present the necessary paperwork (ownership and insurance)? If I go this option, how beneficial would representation actually be? Has anyone had success fighting these charges in trial? If so, what did you say? Should I just bite the bullet and plead guilty and ask them to drop the fines down? Has anyone had experience on how much these type of charges will increase your insurance premium? Worst case scenario, taking them to trial could only result in me having to pay the entire fine as written on both tickets, correct? In other words, it can't get worse than it already is by going to trial?

I want to be as informed regarding my options as possible. A few years back I plead guilty to lower a speeding ticket, so I have no idea what to expect with a trial.

Thanks!


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Re: Failure to Submit Insurance and Ownership...
PostPosted: Sun Jul 31, 2011 9:59 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Some jurisdictions will withdraw the charges if you bring proof that you had such documents on the date of the offence, but I don’t believe its common practice. However it’s quite likely that the Crown will withdraw one charge in exchange for a guilty plea on the other and/or offer a reduced fine. It will probably be partly dependent on why you were originally stopped and if you were already given a break on another offence.

In terms of insurance implications, any conviction can have an impact on your rates, but both these offences would be considered minor. While each insurance provider has different rules, it’s unlikely that ONE conviction would affect your rates. Contact your insurance provider to check.

Personally I’d suggest working out a plea deal. You could try the trial route and hope the officer doesn’t show, but there’s not really much of a defence to not having your documents with you. Based on you explanation, I don’t believe that would be sufficient for a due diligence defence in Court. I’d suggest scheduling a first attendance meeting with the Crown and see what deal they offer. Representation is pretty expensive, and I personally wouldn’t recommend it for such a minor offence unless your insurance rates are likely going to go through the roof. They wouldn’t be able to do much more then try to work out a deal either.


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Re: Failure to Submit Insurance and Ownership...
PostPosted: Sun Jul 31, 2011 7:52 pm 
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Joined: Sat Jul 30, 2011 9:37 pm
Posts: 2
Thanks Stanton

So silly question, your suggesting 'Option 2 Plead of Guilty-Submissions as to Penalty' correct? By taking that option I still have the possibility of having one of the tickets dropped entirely? I didn't realize this was an option, I figured this meant I would be pleading guilty to both and hoping for a reduced fine.

If this is not what you mean, then can you explain how I would go about making a first attendance meeting with the Crown?


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Re: Failure to Submit Insurance and Ownership...
PostPosted: Sun Jul 31, 2011 9:25 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Pick option 3. Option 2 only allows you to plead guilty to the charges as is, they can't drop one. You'll have to ask the local courthouse how you go about scheduling a first attendance meeting, every jurisdiction is a little different.

You don't have to go to trial with option 3, if you work out a reasonable deal with the Crown you can change your plea to guilty.


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