OHTA.ca

I am writing this on behalf of a friend because I strongly believe I can help him fight this but wanted the community's input first:

1. He was stopped for not wearing a seatbelt in Cornwall by the Cornwall Police.

2. So, he provided his licence, registration, and proof of insurance.

3. Then, the officer came back and told him he wouldn't give him a ticket for the seatbelt but a ticket for failure to provide insurance because the one he handed him was expired.

4. He simply forgot to put the new proof of insurance in the car when he got it. So he has and had valid insurance at the time he was pulled over. It just wasn't in the car at the time he was stopped.

So, before I help him fight the ticket I am wondering if he can fight the ticket considering he can prove he had valid insurance at the time or will the prosecutor see that the officer let him off on the seatbelt charge therefore simply charging him for the seatbelt charge if they were to drop the insurance charge?

Thank you for your time and input.

The charge isn't that your friend didn't have insurance (that's a big ticket !). The charge is that he didn't produce it when asked, which he didn't. The charge is a slam dunk for the Crown.

Failure to have insurance is a huge fine and a very serious charge for insurance purposes. Failing to provide your insurance card is a small fine (in comparison) and just a minor charge for insurance purposes.

The officer can still charge your friend with not wearing a seatbelt any time up to 6 months from the date that it occured.

Is early resolution an option on the back of the ticket? If it is, I would choose this option and take a copy of insurance and card proving it was valid. You MIGHT get the prosecutor to drop it IF you don't mention the officer was going to charge you for not wearing a seatbelt. They don't have to drop it, but sometimes they do. This is your best chance at getting ticket dropped in my opinion.

If you plead not guilty and go to trial, then these are possible scenarios:

- You show up and ask prosecutor to drop it, but since officer is there the prosecutor will say "no". You then go to trial to try and beat it and you lose because there is no defence to this charge... officer says you did not give it to him, so you are guilty.

- Alternatively the officer does not show up for court (very rare for this to happen) and they have to withdraw the charge and it gets dropped.

I have seen prosecutors in the GTA routinely drop Failure to Surrender Insurance Card charges when the defendant brings the correct card to the court. But that's no guarantee that all prosecutors in all courts would do so. I remember the good old days when we could bring the card to a police station and have the charge withdrawn.