Pulled over with expired insurance

rfadister
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Pulled over with expired insurance

by: rfadister on
Wed Jan 02, 2013 4:46 pm

I was going to school on a nice Friday morning, driving in speed limits and respecting all the laws when I see a cop on a signal waiting to turn right. I pass my green light and he follows behind and pulls me over in less then a minute. Next thing he's at my window asking for License and Insurance which I already had it ready, to show it to him in order to save OUR time. Right away he points out that my insurance is expired and goes back to his car. Now I am thinking I asked my mom (the car was previously on my moms name) if she had insurance on the car since she 'put it on hold' before leaving the Country for a couple of months. she said yes (we have two cars both under her name from which I was an ocassional driver on). Now I didnt know that she only turned insurance ON her car only, not on the one I am an ocassional driver on. I explaied this all to the cop and he let me go saying he won't give me a ticket and I considered it a warning. I did not drive the car after. One day I hear a knock on my door and there is an officer with appear to court with failure to provide insurance notice and hands it to me.
In the following month, I transfered the car from my moms name to my name and got insurance and I am still insured.
My court date is in 2013 early in the year and I am wondering what could be my defence?

BTW, this all happened early in 2012. and the insurance was put on hold back in November 2011. Prior to that we had insurance on that car for more then a year and never cancelled it.

According to his notes, the cop called my insurance company which verified my insurance policy was active but only comprehensive, covering fire and theft only.

Insurance was put on hold in November 2011, I was pulled over in March, received the notice sometime in April and got a new number plate with car on my name and insurance as well, in the month of April.

I have insurance ever since and the car is on my name now.

My court date is very close. Do you think my case is strong enough?

I cannot afford a lawyer and I barely have time. I work fulltime and attending a university part time.


tdottopcop
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by: tdottopcop on
Wed Jan 02, 2013 6:55 pm

To be honest, not only is your explanation not 'strong' enough, it's not a defence at all.

You were stopped. You didn't provide current proof of insurance. All the other information you advised of is irrelevant to the charge.

Take it to court, speak with a prosecutor and show them that you have an up-to-date insurance card and therefore have corrected the issue. Sometimes, if you do this, you'll have the charge withdrawn.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


Stanton
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Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Wed Jan 02, 2013 11:01 pm

What are you actually being charged with? You say it's for not providing proof of insurance, but I think you're actually being charged for not having insurance (a much more serious fine, $5000 vs $50).

If you got a break with the less serious charge, I'd say just pay it and move on.




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