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Ontario Highway Traffic Act

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Triple Whammy
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PostPosted: Sun Apr 08, 2012 10:46 pm 
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Joined: Sun Apr 08, 2012 10:32 pm
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I was driving home at 9:30 pm and was driving about 5 km over the limit when a cop pulled out behind me and suddenly puts on the lights. I'm like, wtf? Then they say I don't have front plates. I wasn't even committing a moving violation. I don't and never have had a front plate on my 1987 porsche 928...then of course they ask for insurance and ownership. Found the insurance card but thought it was the wrong one and therefore didn't give it to him, because I thought the 'effective' date was the 'expiry' date. Also got ticket for failure to produce ownership, although my plates are valid...just couldn't find the papers since I hardly ever drive...they are buried somewhere in the car or at home.

I'm not questioning the missing plate even though many police have seen the car and never said a thing and I have no idea where the plate is supposed to go since there is no bracket, so I guess I'll pay that.

The question I have is are these the types of tickets that are given because they don't think I have insurance and am not the legal owner or just because I didn't have the papers on me (even though i did have the insurance after all)? Do I plead not guilty and show them I'm insured and have ownership (and in which case do they cancel the charges?) or do I request to meet with a prosecutor and if I prove I have the docs, what happens then? I didn't produce the docs so does that mean I'm guilty or can I get the charges dropped if I show I have the docs but couldn't produce them when asked? It seems the charge for not having insurance at all is much higher penalty than not having the papers so do they know what to charge you with? Do they have access to our insurance proof via the insurance co's computer systems? Seems they must or they would have charged me with not having insurance, no? How best to proceed?

Thanks! David


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Re: Triple Whammy
PostPosted: Mon Apr 09, 2012 7:29 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
The police most likely believed your vehilce was insured/registered, or you would have been charged for not having insurance and not registering your vehicle (much more serious charges).

In regards to what you were charged with, not surrendering the documents is the offence. That being said, all your charges are what I'd consider relatively minor offences. Busy jurisdictions like Toronto have been known to simply drop failure to provide documenation charges if you can show the Crown you had valid ownership/insurance on the date of the offence.

In your case, I'd try to work out a plea deal. Three convictions, even though minor, would have a big impact on your insurance rates. Try to get the Crown to drop two in exchange for a plea on the third. Bring documentation showing that everything was in order on the date of the offence, and maybe something like a photo of your car to show the front plate is attached.


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Re: Triple Whammy
PostPosted: Mon Apr 09, 2012 9:27 am 
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Thank you for the quick reply. Very helpful. Just to be clear, from my options given I would be choosing #2, Early Resolution - Meet with Prosecutor?

And would the Ministry automatically group all the charges into one meeting or do I have to request that?

Do you recommend sending the response by registered mail?


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Re: Triple Whammy
PostPosted: Mon Apr 09, 2012 5:23 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
I believe it's option 3 you want (not guilty) then enquire with the Court about a pre-trial meeting. I believe option 2 is for a guilty plea with an explanation. That's would mean pleading guilty to all three charges, which is what you don't want to do.


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Re: Triple Whammy
PostPosted: Wed Apr 11, 2012 9:10 am 
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Posts: 2110
Location: Ontario
I'm sorry, I gave some bad advice above. I wasn't aware, but it looks like the option on the back of tickets changed as of March 31st, 2012. It looks like Option 2 now allows for a meeting with the Crown. I'd contact the Court just to confirm it doesn't prevent you from going to trial if you so decide.


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Re: Triple Whammy
PostPosted: Wed Apr 11, 2012 8:12 pm 
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Joined: Tue Apr 10, 2012 2:24 am
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this should be good info about the change in Option 2:

http://cms.burlington.ca/Page6688.aspx


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