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Ontario Highway Traffic Act

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Orillia court- time to get trial
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PostPosted: Tue Jul 28, 2015 9:47 am 
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Joined: Tue Jul 28, 2015 9:41 am
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I was returning from cottage. I was doing 90 when a cop stopped me and pointed out that speed dropped from 80 to 60. Given I had no tickets in the past 17 years, he gave me a ticket for fail to have insurance card. Can I flight this charge? I had valid insurance at that time , but had accidentally handed in expired card.
How does it take to get a court date for trial in Orillia court? What are the chances for this to be thrown out? Thanks.


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Re: Orillia court- time to get trial
PostPosted: Tue Jul 28, 2015 12:29 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
The charge is for not surrendering your license when requested, not for having no insurance at all.

Having insurance somewhere else doesn't change the fact you were unable to surrender it upon request when you were at roadside. It wont be a defense for a trial, but sometimes they'll cut you some slack. If there was another charge, they may have dropped this for a guilty plea on the other. You can always try showing your valid insurance, but they might not care.


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Re: Orillia court- time to get trial
PostPosted: Tue Jul 28, 2015 2:42 pm 
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Thanks!! The officer wrote on the ticket " FAIL TO HAVE INSURANCE CARD". Not failed to surrender insurance card. Actually I was stopped for speeding and since I had zero tickets he gave me this ticket. I did have insurance card, did not surrender. Is this a valid defense? My other big question is can the officer change his mind and issue me a speeding ticket instead if I fight this?


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Re: Orillia court- time to get trial
PostPosted: Wed Jul 29, 2015 9:39 am 
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Joined: Thu Jul 26, 2012 1:18 pm
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Yes officer can give you a summons for speeding within 6 months of the offense.

Trial dates in Orillia will probably be within 3 to 4 months of when you request it... Smaller cities/towns do not have the backlog like Toronto so you tend to get a quick trial date. They also schedule the trial dates based on the officers work schedule so 99.9% of the time, the officer will show up.

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


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