2 tickets - worth negotiating?

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painkiller
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2 tickets - worth negotiating?

by: painkiller on
Fri Jan 09, 2009 2:33 pm

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?


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racer
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by: racer on
Fri Jan 09, 2009 3:00 pm

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.
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Bookm
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by: Bookm on
Fri Jan 09, 2009 5:02 pm

I don't think the cops can repeal the ticket. Could be wrong though. I thought the Crown handles that.


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racer
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by: racer on
Fri Jan 09, 2009 7:04 pm

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 The cop told him to show up at the police station within 72 hours to have the ticket repealed.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
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painkiller
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by: painkiller on
Fri Jan 09, 2009 8:20 pm

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 :(


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racer
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by: racer on
Fri Jan 09, 2009 8:41 pm

These things like "no insurance" or "no license" ones you gotta clear up right away.
"The more laws, the less justice" - Marcus Tullius Cicero
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by: Bookm on
Sat Jan 10, 2009 12:52 pm

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.


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by: cruzmisl on
Sat Jan 10, 2009 3:19 pm

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.


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by: hwybear on
Sat Jan 10, 2009 8:45 pm

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.
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by: cruzmisl on
Sat Jan 10, 2009 9:42 pm

Does the CAIA or HTA have a tow authority for no insurance?? Why would the vehicle be towed?


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hwybear
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by: hwybear on
Sun Jan 11, 2009 3:13 pm

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.
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ticketcombat
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by: ticketcombat on
Sat Jan 17, 2009 12:18 am

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.
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hwybear
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by: hwybear on
Sat Jan 17, 2009 5:04 am

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


painkiller
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by: painkiller on
Sat Jan 17, 2009 4:27 pm

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)?


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hwybear
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by: hwybear on
Sat Jan 17, 2009 9:33 pm

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


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