A place to discuss any general Highway Traffic Act related items.

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NewToCanada
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California Plates On 407

by: NewToCanada on

Ok got 3 tickets (actually summons) on my way to work this morning on the 407.....


1) Operate Vehicle Without Insurance. CPIA 2(1)A

-Tottally my fault, the vehicle is still registered and insured in California due to my immigration status. My family's insurance changed companies and I forgot to put my new proof of insurance card in my vehicle. I have proof that the car is fully insured and has always been so.


2) Drive Vehicle no Toll Device 191.2(1)

-My car has California plates and is completely registered and insured through the end of this year in California. I do not have a transponder, but I am almost positive that transponders are not mandatory. Need someone to explain how and why I got this ticket, doesn't sound right to me. Just because the 407 doesn't pay for access to California DMV records is not my fault. The 407 clearly states on their website as well as on road signs that "out of area plates will be billed". Any ideas or explanations?


3) Fail to Notify Change of Address

-I am currently in Canada on a work visa and am in the process of becoming a permanent resident by of "in Canada spousal sponsorship". My corresponding paperwork was submited almost 2 years ago, it is imperative that the mailing address of all pertinent documents remain uniform to insure the paperwork is processed properly. Because we are a young couple who rents, our mailing address changes every so often, for that reason I left the address on my DL the same as all other documents to prevent having to change the address on an untold number of forms multiple times and risk jeopardizing my immigration status. I'm still reluctant to update the address and the cop would not have known if he didn't ask for my current address and then realized it didn't match my DL.


I know this was long winded but any advice or feedback would be greatly appreciated.

tdottopcop
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by: tdottopcop on

1. the proper charge would be 'fail to have insurance card' C.A.I.A. 3(1) if you simply don't have proof. If you are insured, you will have to prove to the court's satisfaction that you the vehicle you were driving at the time was insured.


2. I have no idea about this charge.


3. In Ontario you are required by law to inform the MTO within 6 days of a change in address.

No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)
daggx
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Posting Awards

by: daggx on

1. If you bring proof that you had valid insurance at the time of the traffic stop, the prosecutor should withdraw this charge.


2. The 407's own website says that US plates are allowed on the free way without a transponder as long as you are driving a light vehicle. So unless there is some clause in the 407 act that I'm not aware of I think this charge should not have been laid. If you talk to the prosecutor they might withdraw this one as well, check the 407 website and print of the section that talks about out of province drivers and show it to them.


3. This one you are probably stuck with. As tdottopcop said you have to change your address within 6 days of moving, no exceptions. Update this info ASAP and show the court that you have fixed the problem and see if they might willing to cut you a break.

NewToCanada
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by: NewToCanada on

Thanks for the quick response guys. Figured I didn't have a leg to stand on with the DL address infraction but the other two just didn't seem right. Is it possible to speak to someone from the court prior to my court date about any of this?

tdottopcop
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by: tdottopcop on

If you read the back of the ticket, there is an option that says 'meet with prosecutor', so you can answer your own question.

No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)
daggx
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Posting Awards

by: daggx on

I think these are part 3 summonses so the 'meet with prosecutor' option doesn't apply. You will however have a chance to talk with the prosecutor on the court date before you go in front of the Justice of the Peace.

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