I have a few questions.

lmrj0030
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I have a few questions.

Unread post by lmrj0030 on

- When is the latest time to file an 11b?
- Can i insure a vechile whose plates belongs to me and the car to another party?
- Does it cost demerit points and/or insurance hike for getting an uninsured vehicle ticket?


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Unread post by Stanton on

1) I believe it's 15 days prior to trial.

2) Can you explain how it's even legal to use your plates on a vehicle that's registered to someone else? Cause if it isn't legal, you're not getting insurance.

3) Is it a ticket or a summons? If it's a ticket for not having your insurance card, it's pretty minor. If it's a summons for having no insurance, it's pretty serious. Most insurance companies treat convictions for operating a motor vehicle with no insurance as a serious offence. No demerit points, but your rates could easily double.


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Unread post by Decatur on

2) A plate portion of a permit can be registered to a different party than the vehicle portion.
3) And the minimum fine is usually $5,000


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Unread post by lmrj0030 on

Stanton wrote:1) I believe it's 15 days prior to trial.

2) Can you explain how it's even legal to use your plates on a vehicle that's registered to someone else? Cause if it isn't legal, you're not getting insurance.

3) Is it a ticket or a summons? If it's a ticket for not having your insurance card, it's pretty minor. If it's a summons for having no insurance, it's pretty serious. Most insurance companies treat convictions for operating a motor vehicle with no insurance as a serious offence. No demerit points, but your rates could easily double.
1. thanks

2. a friend manage to insure a car who's plate is under his uncle and the vehicle under his name - they both live in the same address

3. It's a summon thus more than likely it's a very serious offence...? I thought that only goes towards DUI, speeding, traffic law

@ decatur + stanton
I'm aware that it's a minimum of 5k; however, (1) as a first offence, am i allowed to ask the JP for leniency? Where I would say i'm a full time student and is aware of the consequences of driving a motor vechile w/out insurance and cannot shoulder the fine. Also, (2)can i ask if i can do volunteer hours as a way of paying my fees due to the fact that i'm already financially troubled with school and that i have sold my car in order to avoid future occurrence?
(3)If i were to pay, how much time do i have to pay everything? (4) If it's 6 months, can i ask for extension in the event that i know i cannot pay the fine at the given span?

(5)My summon is a week away do i need to book an appointment with the prosecutor or crown prior to my summon? I just started a job and I can't afford a paralegal/lawyer because they're wanting about $1,000 for service which is too much for me to bare with the fines and school tuition coming up this September

Any help and or advice would be greatly appreciated.
PM me for anything aswell

Thank you very much
Such a helpful thread


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Unread post by Decatur on

You can always ask for leniency but it's entirely up to the JP. They are more likely to give you extra time to pay any fines that are judged against you. IMO the full-time student excuse won't be given much sympathy from the JP. The likely scenario will be that you are given 3 months to pay and at the end of that if you have been part paying the fine, they will likely extend the payment period and keep extending it as long as you're making an honest effort to pay.
It's probably a little late to book an appointment with the prosecutor but it can't hurt to give them a call prior to the date in court. Explain your situation and see if you can come to some sort of a deal.


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Unread post by lmrj0030 on

Oh I never knew you have to call in for an appointment for a meeting with the JP.
Is there other ways could I extend my summon with the JP given that my court date is in Wednesday? I feel that if i were to start paying my fine for (1) operating a motor vehicle with no insurance, (2) broken headlight and (3) failure to surrender license, i can't financially pay it all up in 3 months since i just started working this month and have also requested for osap...
Could I request for my case to be adjourned at the day of?


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Unread post by admin on

For a summons, don't think you can do a first attendance because you don't know what your charged with yet. As for your fine, I have heard of instances of upto 6 months to 2 years to pay it off. Explain your reasoning and you can usually get the extension.


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Unread post by Stanton on

The date on your summons is essentially a first appearance. Your matter will not necessarily be resolved that day, unless you did wish to enter a guilty plea to all charges. If you decided to plead not guilty, the actual trial would be scheduled on a different date. You most likely will have a chance to speak with the Crown (not the JP) to see about a possible plea deal.

In terms of payment time frame, there is a limit to how much time the Court can give you to pay (iirc 6 months). However as long as you keep making regular payments, you can return at the end of the period and they can extend it again.


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Unread post by lmrj0030 on

thank you.

Another question. If i plea not guilty, they will schedule a trial at another date (how long approx is this?). and during this point i will have time to talk to the crown (call to make an appointment?). Am i allowed to file 11b afterwards or no? I want to try and extend my case for a year ot atleast until school is finish. to save up money and also to prepare myself for defence? (if it'll help)


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Unread post by lmrj0030 on

trial date in 2 days and i'm hoping i would get an answer from you guys regarding my previous post


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Unread post by Stanton on

1) Delay to trial will be jurisdiction dependent, but will typically take a few months. It's based partly on Court backlog and availability of both the Crown and officer.

2) You should be able to speak with the Crown on your first appearance date. Typically there are a few Crowns on hand, some in the Court running trials while others are outside to deal with plea deals, etc.

3) I'm not positive, but I believe you can still file an 11B motion prior to the date of your actual trial. Your first appearance date isn't the actual trial date. Do you actually have enough time for an 11B? The bare minimum is a 12 month delay from the date of the offence.

4) Courts will grant reasonable delays for you to prepare a defence and seek representation, but you have to justify it. I do not believe they would grant a delay for you to save up money, they'll likely expect you to simply proceed without representation. Also keep in mind any delays at your request don't count towards an 11B.

If you really want representation, some paralegals will work on a payment plan. Another option is to see if your school has student legal assistance services.


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Unread post by lmrj0030 on

I see.

I recall when i first spoke with the cop he told me to not come to the court until the date of my summon - august 3rd.
I have 3 sumons that day,
No insurance, 1 broken headlight, and failure to surrender G2 (didn't have it at hand)

Now when i go to court to show up, what am i likely to expect with the situation i have and how the proceedings will be?
The cop said to show up and say not guilty. If i take this route, will the trial be at that same day? If not how does it work?

I've only seen the thread for 11b, nothing about summons yet.


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Unread post by Simon Borys on

I've never heard of the trial being the same day as the first appearance. First appearance is usually just for you to get your disclosure and enter an early plea if that is your intention.

If you do hire a representative, they can sometimes ask for adjournment(s) in order to give you time to fully retain them (i.e. save up the money) as long as that is an actively ongoing process. Those delays will count against you for 11(b).

You can file an 11(b) motion after the first appearance date but before the trial proper, as long as you do so with sufficient notice to the court and prosecution.
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Unread post by lmrj0030 on

thus, i can put not guilty and ask for adjournment/disclosure/ or file an 11b on the same day?


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Unread post by Simon Borys on

Normally you don't file an 11(b) on the spot. You serve your materials on the crown and the AG in advance, then argue it in court.




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