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Ontario Highway Traffic Act

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Plead guilty or trial?
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PostPosted: Tue Sep 21, 2010 1:39 am 
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Need some help from anyone please. Second driving offence in 9 years time. I was driving at night and apparently my headlight was out so i got stopped. Accidentally left my insurance card at home so I ended up getting 2 tickets. One was for improper headlights and the other for failing to have insurance card. Should I enter a plea of guilty with explanation or should i set a court date and meet with a crown prosecutor? If i were to set a court date do I have to go to the court to make the date or can I call? Unsure of how this all works, any help would be greatly appreciated.

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PostPosted: Tue Sep 21, 2010 1:58 am 
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Was this was the first time you were pulled over for the headlight? If so thats a real bullisht ticket. No need for anything but a warning on that one.

As for the insurance, you got to have that paper. Cops are sticky on that. But even so I thought they had some way on their onboard computers to see if you have legit insurance, paper or not.

My sugestion would be to select option to go to court. Go out first thing tomorow and get the headlight fixed, or buy one at the automotive store, and keep that reciept. When you get a court date months from now, show the prosecutor you got the light fixed quickly, and that you had a valid insurance at the time you were stopped. You do have that paper for valid insurance right? Prosecutors are usualy eager to cut deals in order not to waste courts time.

If you have time to go, its worth a shot rather than plead guilty and pay up front.

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PostPosted: Tue Sep 21, 2010 9:02 am 
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beleafer81 wrote:
But even so I thought they had some way on their onboard computers to see if you have legit insurance, paper or not.


There is such a thing but it's not in common use and not in cruisers. Also, it's irrelevant to the charge of Fail to Surrender Insurance Card.

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PostPosted: Tue Sep 21, 2010 9:13 am 
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Location: In YOUR rearview mirror!
beleafer81 wrote:
But even so I thought they had some way on their onboard computers to see if you have legit insurance, paper or not.


Our whole office has the insurance info on the laptop in the cruiser, however, the driver still has to surrender a proper legitimate insurance card.

Best would be to have the insurance "live" with the MTO like other provinces. As soon as someone cancels, MTO notified by insurance. No legit insurance, no sticker either. Likewise info back to insurance about suspended drivers.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Tue Sep 21, 2010 9:39 am 
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Thanks for everyone's advice. Yes first time for both offences. I fixed my headlight the day right after I got my ticket and have kept the receipt and packaging for the new light.

However, I'm still unsure about the insurance card ticket. Should I set a court date and on that date just show my insurance card to them? What should I say?


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PostPosted: Tue Sep 21, 2010 12:45 pm 
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neiu wrote:
Thanks for everyone's advice. Yes first time for both offences. I fixed my headlight the day right after I got my ticket and have kept the receipt and packaging for the new light.

However, I'm still unsure about the insurance card ticket. Should I set a court date and on that date just show my insurance card to them? What should I say?


The crown may just drop the charge if you go in. You were insured at the time and according to some posts i have read, they are fine as long as you make the effort.

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PostPosted: Tue Sep 21, 2010 11:39 pm 
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hwybear wrote:
Best would be to have the insurance "live" with the MTO like other provinces.


That would make sense and keep uninsured motorists off the road. Run a plate: BING - uninsured. Vehicle stopped & impounded.

Unfortunately... because it makes sense... I have little hope of it being implemented, at least by the powers that be in this province at this point in time.

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