Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 18 posts ]  Go to page 1, 2  Next
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

2 tickets - worth negotiating?
Author Message
PostPosted: Fri Jan 09, 2009 3:33 pm 
Offline
Newbie

Joined: Fri Jan 09, 2009 1:31 pm
Posts: 7
Hi,

I was stopped for failing to obey a no-uturn sign, and, just my luck, I didn't have the insurance card in the car at the time. The police gave me two tickets. He said that I just have to show the insurance card to "them" and "they" would cancel the ticket regarding the insurance.

I assume by "they" he meant the prosecutor, so I've opted to meet with the prosecutor before the trial date. I was hoping to meet with the prosecutor regarding the insurance ticket only (to get it canceled), and go to trial regarding the failing to obey sign ticket. However, at the place where we book those appointments they insisted that I need to deal with both tickets at the same time. I now suspect that the prosecutor will try to negotiate by canceling the insurance ticket only if I agree to plead guilty to the failure to obey sign ticket. It's the first time I get more than one ticket, so I'm just guessing. Do you think that'll be the case? Should I agree to that deal, or do I stand a better chance in court?


Top
 Profile  
 
PostPosted: Fri Jan 09, 2009 4:00 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
To drop the no insurance ticket you have to go to the police station. Then discuss/fight your improper U-turn ticket with the prosecutor. Not having the proof of insurance is not the same as no insurance, and it is a standard practice for cops to repeal the ticket once you present them the proof of your insurance.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


Top
 Profile  
 
PostPosted: Fri Jan 09, 2009 6:02 pm 
Offline
Sr. Member
User avatar

Joined: Tue Jan 22, 2008 9:38 pm
Posts: 632
Location: Stratford, Ontario
I don't think the cops can repeal the ticket. Could be wrong though. I thought the Crown handles that.


Top
 Profile  
 
PostPosted: Fri Jan 09, 2009 8:04 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
Bookm wrote:
I don't think the cops can repeal the ticket. Could be wrong though. I thought the Crown handles that.

A friend of mine had the same "no insurance" ticket. The cop told him to show up at the police station within 72 hours to have the ticket repealed.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


Top
 Profile  
 
PostPosted: Fri Jan 09, 2009 9:20 pm 
Offline
Newbie

Joined: Fri Jan 09, 2009 1:31 pm
Posts: 7
racer wrote:
A friend of mine had the same "no insurance" ticket. The cop told him to show up at the police station within 72 hours to have the ticket repealed.


Really? Shoot, that's not what I heard the cop say (though I might have misunderstood). He certainly didn't mention anything about showing up within 72 hours. Now I'm way passed that deadline anyway :(


Top
 Profile  
 
PostPosted: Fri Jan 09, 2009 9:41 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
These things like "no insurance" or "no license" ones you gotta clear up right away.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


Top
 Profile  
 
PostPosted: Sat Jan 10, 2009 1:52 pm 
Offline
Sr. Member
User avatar

Joined: Tue Jan 22, 2008 9:38 pm
Posts: 632
Location: Stratford, Ontario
I have been issued a "fix-it" ticket before. I correct the problem then report to the police station to show the repair has been made and they cancel the ticket (keeping $10 though).

I don't think this is the case here. A real ticket was issued.


Top
 Profile  
 
PostPosted: Sat Jan 10, 2009 4:19 pm 
Offline
Member

Joined: Tue Dec 30, 2008 12:24 am
Posts: 107
You could have been charged with owner operate motor vehicle on a highway - no insurance or fail to surrender insurance card. The former is $5000 fine and the latter is $65. Either way you should have gone to the Police station to show proof of insurance.

Since you're probably past the 72hr window just meet with the Crown and tell them what happened and the misunderstanding. Surely you'll have you're valid insurance card when you go.

If you were charged with owner operate it will likely be dismissed since you'll be able to prove you had insurance at the time. If you were charged with fail to surrender then you may have to barter a little to get out of that one. That one is easy to prove.


Top
 Profile  
 
PostPosted: Sat Jan 10, 2009 9:45 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
Think the insurance was just a plain ole ticket. Not a summons to owner with failing to have insurance as vehicle would have been towed on the spot.

Just fortunate that officer is acceptable to the 72hrs attend office thing as that is NOT a requirement. Either one has the documents at roadside and surrender them or not.

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


Top
 Profile  
 
PostPosted: Sat Jan 10, 2009 10:42 pm 
Offline
Member

Joined: Tue Dec 30, 2008 12:24 am
Posts: 107
Does the CAIA or HTA have a tow authority for no insurance?? Why would the vehicle be towed?


Top
 Profile  
 
PostPosted: Sun Jan 11, 2009 4:13 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
A direct part of either act to tow = no!

However, no motor vehicle can be on a highway without insurance.
I have never came across a vehicle with "no insurance" with proper plates. A vehicle without proper plates has authorization to be towed. Go a step further, can not let the driver proceed as it will be a continuation of the offence. Or if driver just leaves the vehicle and "walks away", now the vehicle is abandoned on a highway and authorized to tow.

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


Top
 Profile  
 
PostPosted: Sat Jan 17, 2009 1:18 am 
Offline
Sr. Member
User avatar

Joined: Mon Jun 30, 2008 5:59 pm
Posts: 486
Location: Toronto
I think the cop has 7 or ten days to file the ticket. The 72 hours was probably if you saw the cop before he filed the ticket, he could just rip it up. If it's filed, then it's in the hands of the prosecutor.

_________________
Fight Your Ticket!


Top
 Profile  
 
PostPosted: Sat Jan 17, 2009 6:04 am 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
ticketcombat wrote:
I think the cop has 7 or ten days to file the ticket. The 72 hours was probably if you saw the cop before he filed the ticket, he could just rip it up. If it's filed, then it's in the hands of the prosecutor.


7 days is correct.....can not rip them up...but very similiar....just right VOID across the face of it....all our PON's are accounted for

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


Top
 Profile  
 
PostPosted: Sat Jan 17, 2009 5:27 pm 
Offline
Newbie

Joined: Fri Jan 09, 2009 1:31 pm
Posts: 7
ticketcombat wrote:
I think the cop has 7 or ten days to file the ticket. The 72 hours was probably if you saw the cop before he filed the ticket, he could just rip it up. If it's filed, then it's in the hands of the prosecutor.


So, what do you think I should do at the meeting with the prosecutor -- settle with canceling the "failing to show insurance card" ticket and plead guilty to the "failing to obey sign" ticket (I assume that's what prosecutor will want to do?) ... or go to court for both tickets?

Is there a different strategy than outlined on the ticketcombat web site for dealing with the insurance ticket -- since insurance tickets don't need a municipal by-law (I assume)?


Top
 Profile  
 
PostPosted: Sat Jan 17, 2009 10:33 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
painkiller wrote:
So, what do you think I should do at the meeting with the prosecutor -- settle with canceling the "failing to show insurance card" ticket and plead guilty to the "failing to obey sign" ticket (I assume that's what prosecutor will want to do?) ... or go to court for both tickets?


I ticket has points associated an one does not.....which one do you think you would want withdrawn? Unless you are a video game nut, then more points the better :lol:

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


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 18 posts ]  Go to page 1, 2  Next

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Negotiating with Prosecution HELP PLEASE!

Ken1234

2

2300

Thu Oct 23, 2008 1:01 pm

ticketcombat View the latest post

There are no new unread posts for this topic. 11b is it worth trying?

Talisa

0

502

Fri Sep 06, 2013 10:41 am

Talisa View the latest post

There are no new unread posts for this topic. First ticket ever. Is it worth fighting?

Coops

1

847

Tue Jun 08, 2010 2:30 pm

Simon Borys View the latest post

There are no new unread posts for this topic. 5km/h worth fighting?

typerr

7

1516

Tue Dec 07, 2010 1:05 am

Reflections View the latest post

There are no new unread posts for this topic. Is it worth contacting ticket officer?

Pahl

7

903

Sat Aug 29, 2009 10:20 am

Pahl View the latest post

There are no new unread posts for this topic. Help, please! Is speeding ticket worth fighting?

jtgb1

6

3303

Mon Nov 15, 2010 4:46 pm

jtgb1 View the latest post

There are no new unread posts for this topic. Is it worth filing 11B after 17 months?

pipars

1

756

Wed Apr 20, 2011 8:57 pm

Simon Borys View the latest post

There are no new unread posts for this topic. is it worth fighting a improper right turn 141.2

pft

1

1407

Tue Aug 11, 2009 2:18 pm

Bookm View the latest post

There are no new unread posts for this topic. Failure to Stop Plea - Worth my time?

FramFramson

3

962

Tue Apr 24, 2012 11:48 am

FramFramson View the latest post

There are no new unread posts for this topic. Minimal information in the disclosure - worth fighting?

TixHelp

10

550

Sat Mar 05, 2016 3:11 pm

jsherk View the latest post

There are no new unread posts for this topic. Cell Phone Ticket - Valid Deffence?? Worth trying?

LADYDREAMER

4

5316

Thu Jan 05, 2012 8:28 pm

Stanton View the latest post

There are no new unread posts for this topic. Disobey Stop Sign + Fail to Surrender Insur: Worth Fighting?

joland

2

3985

Wed Aug 28, 2013 4:41 pm

daggx View the latest post

 


Who is online

Users browsing this forum: No registered users and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.