Got the first ticket ever.....please help

[blopar]

I did cancelled the policy in December. I and my broker had a problem which resulting me not trusting her anymore. With the holidays and all. I havent had time to find a new broker. Like I said, my policy expired on the 27th of Dec and I got the ticket on the 30th. I know, i'm still at fault.

Are you saying that after I got my new insurance card with a new company and bring it to edward st say sometime this week, they will likely throw out the charge?

Why would they?

You KNEW that you didn't have insurance, and it was the direct result of YOUR decision not to renew with the broker or to get insurance elsewhere.

And then YOU went out and drove your car notwithstanding the situation.

You are toast.

 

[LordLoki]

The thing is I wasn't paying attention to my speedo at the time. I'm not sure if it was 74k/h or less, but i was speeding over the limit.

I dont think he dropped it from 85 to 74. He said I was drinving 74k/h in 50k/h zone, and that is what he put on the ticket.

So, if I plead guilty with an explanation there may be a chance that they will reduce the fine for my speeding ticket? Is that mean that there is also a chance they may increase the insurance ticket for a max fine ?

Is that true that the convictions will stay on my record for 3 yrs? or is it 5 yrs?

Most of the ticket fixing places were getting reductions when they started up because of proceduaral errors. (ie 2000 to 2003). Also plugged up the courts.

In 2007 courts started taking a dim view of being plugged with guilty people milking the system. No Show Police Officers were read the riot act, and some JPs now max fines if the person is clearly guilty to stop rewarding "go to court" behaviour.

It is still a crap shoot. But unless there is some evidence you are inocent...

And LHunter is right. If you get caught driving again before your insurance is renewed you are burnt toast.

 

[Malibook]

2) You said you were charged at 75 in a 50. Did the officer drop it from say 85? If he did and it goes to court you risk having it set at what the radar gun said.

They may be less likely to cut a deal but they can't change the charge to a higher speed and fine.

2 convictions can definitely affect your insurance rates.
Getting the speeding reduced to no points will not help your insurance.
Your best hope would be if the cop does not show up.
You should show up with valid insurance and try to get them to drop that charge.
The points don't matter unless you get too many and the MTO may suspend your licence.
http://www.mto.gov.on.ca/english/dandv/driver/demerit.htm
Points stay on your record for 2 years and insurance companies look back 3 years for moving violation tickets and 6 years for serious offences.

 

[blopar]

They may be less likely to cut a deal but they can't change the charge to a higher speed and fine.

2 convictions can definitely affect your insurance rates.
Getting the speeding reduced to no points will not help your insurance.
Your best hope would be if the cop does not show up.
You should show up with valid insurance and try to get them to drop that charge.
The points don't matter unless you get too many and the MTO may suspend your licence.
http://www.mto.gov.on.ca/english/dandv/driver/demerit.htm
Points stay on your record for 2 years and insurance companies look back 3 years for moving violation tickets and 6 years for serious offences.

If you attempt to renew insurance, you better make darn sure that you do not sign any declarations, affidavits, undertakings, representations, etc to the effect that you do not have any tickets outstanding and that you have never driven without being insured. That would be fraud and would have serious repercussions.

 

[Malibook]

Why would they?

You KNEW that you didn't have insurance, and it was the direct result of YOUR decision not to renew with the broker or to get insurance elsewhere.

And then YOU went out and drove your car notwithstanding the situation.

You are toast.

You are probably right.
It's one thing to just not have an updated slip handy but to not have valid insurance is very serious.
Maybe he should just plead guilty and count himself very lucky.

 

[gentle_lover]

I guess I should just pay the tickets online, and just get done and move on and take this experience as my lesson. I just thought they will give a break for a first time offender, especially with 4 yrs clean driving record.

 

[alligatorshoes]

LISTEN CAREFULLY!

Section 11 (b) of the Charter of Rights and Freedoms requires that you be tried for the offences within a reasonable time. For speeding offences the time is approx 10 - 12 months give or take. The system is so backlogged that it could take that time just to send out a notice of trial. So if your trial date is more then ten months from the offence date you will have a good chance of having all charges dismissed...but it is complex.

You must go to Edward Street within the time provided on the ticket, plead not guilty at the counter and request a trial date. Forget about pleading your case to the clerk. Then you wait for your trial notice.

No later then 30 days before your trial date you must serve a "Notice of Constitutional Question " on both the Provincial and the Federal Attorney General (crown) The Notice should then be put into an Application Record which must contain all of your evidence including an affidavit that you believe that you are innocent (innocent until proven guilty) and a legal brief containing court decisions (precedents). Decisions are probably available on line but you will have to dig for them. The Application Record must also be served on the Crowns and filed at the Court Office where the trial is to take place together with an affidavit of service.

At the trial if the Application Record has been properly filed the prosecutor will probably agree to a dismissal if more then ten months have passed. If not you will then have to convince the judge.

I have never lost a speeding ticket on an 11(b) application and most paralegals are unaware of the steps to take.

On the other hand you could roll the dice and hope that the cop doesn't show up or hire a lawyer and expect to pay in excess of $1000 for the fees.

Fix your insurance issues now and please be careful with your speed. Nothing justifies having a speeding accident and you are morally guilty. The law, however, has little to do with morality.

 

[hunter001]

I guess I should just pay the tickets online, and just get done and move on and take this experience as my lesson. I just thought they will give a break for a first time offender, especially with 4 yrs clean driving record.

Everyone is a first time offender (the first time) it doesn't matter...

Take a look a the insurance ticket. Did he charge driving with an expired insurance card or driving without insurance. There is a huge difference. If he charged you with the expired card just pay it and he did you a favor.

 

[Keebler Elf]

You're not toast by any means. Your insurance had only expired by three days. That's a big difference from someone who has been driving without insurance for months. Get insurance PRONTO!

Just make sure you get professional help. Don't try and do it yourself. Really, if you're facing a potential huge fine for driving without insurance (a serious charge), you're crazy not to seek paralegal or legal help. Getting an opinion won't cause you a dime.

Sorry, I don't know any numbers. Check the phone book or google.

 

[Keebler Elf]

Everyone is a first time offender (the first time) it doesn't matter...

Huh? What planet on you living on? You couldn't be more WRONG.

Being a first time offender most certainly does matter for a wide, wide variety of charges. This may be one of them.

Don't be a holier-than-thou person. One day it will happen to you and you'll know what it feels like to make a mistake.

 

[hunter001]

You're not toast by any means. Your insurance had only expired by three days. That's a big difference from someone who has been driving without insurance for months. Get insurance PRONTO!

He canceled the policy and let it lapse which is a huge difference.

Just make sure you get professional help. Don't try and do it yourself. Really, if you're facing a potential huge fine for driving without insurance (a serious charge.[/QUOTE]I am pretty sure gl was only charge with an expired insurance card because the fine is only $65...

 

[hunter001]

Huh? What planet on you living on? You couldn't be more WRONG.

Earth where the fuck are you?

Being a first time offender most certainly does matter for a wide, wide variety of charges. This may be one of them.

Don't be a holier-than-thou person. One day it will happen to you and you'll know what it feels like to make a mistake.

Bullshit. A traffic offense is a traffic offense. You don't get off for first time offense. (If itwere DUI it might make a difference but speeding... no way, canceling your insurance then driving... Good fucking luck.)

I never once said I didn't have charges in the past.

 

[thompo69]

I have never lost a speeding ticket on an 11(b) application and most paralegals are unaware of the steps to take.

When was the last time you tried to use 11(b)? It used to work like a charm in the early 90s after Askov, but once the Supreme Court clarified things in Morin, it got a lot harder to pull off. Just after Askov there were JPs walking into court and staying entire dockets of traffic and parking infractions, but after Morin, the prosecutors were well prepared to counter it.

 

[papasmerf]

I did cancelled the policy in December. I and my broker had a problem which resulting me not trusting her anymore. With the holidays and all. I havent had time to find a new broker. Like I said, my policy expired on the 27th of Dec and I got the ticket on the 30th. I know, i'm still at fault.

Are you saying that after I got my new insurance card with a new company and bring it to edward st say sometime this week, they will likely throw out the charge?

So let me get this straight...You cancelled you insurance, it was not a missed payment that got you cancelled? You drove with full knowledge that you were uninsured? Clearly admit to speeding and driving without insurance? And you want advice on how to beat the tickets??????

If I were the cop, you car would have been towed to impound.

 

[gentle_lover]

the policy is only 6 months policy. Dec 27 was the end o the policy. Technically I didnt cancel the policy. I just decided not to renew it because I had a personal problem with the broker.

 

[gentle_lover]

Everyone is a first time offender (the first time) it doesn't matter...

Take a look a the insurance ticket. Did he charge driving with an expired insurance card or driving without insurance. There is a huge difference. If he charged you with the expired card just pay it and he did you a favor.

I just realized that he put "fail to have insurance card" on the ticket. I did have my insurance card, but it was expired 3 days. Shouldnt he put "driving with expred insurance card" ? or they have the same meaning?

 

[LordLoki]

When was the last time you tried to use 11(b)? It used to work like a charm in the early 90s after Askov, but once the Supreme Court clarified things in Morin, it got a lot harder to pull off. Just after Askov there were JPs walking into court and staying entire dockets of traffic and parking infractions, but after Morin, the prosecutors were well prepared to counter it.

Gee you mean the legal system is plugging loop holes?

Next you will be saying that the tricks from the 90s and early 2000s do not work now!

Shocking!

 

[thompo69]

I just realized that he put "fail to have insurance card" on the ticket. I did have my insurance card, but it was expired 3 days. Shouldnt he put "driving with expred insurance card" ? or they have the same meaning?

Forget the words, what section of the Highway Traffic Act did he indicate?

 

[LordLoki]

I just realized that he put "fail to have insurance card" on the ticket. I did have my insurance card, but it was expired 3 days. Shouldnt he put "driving with expred insurance card" ? or they have the same meaning?

LOL you really do not get it? If you cancelled your insurance you were driving without insurance, a VERY serious offence. So you are asking.. “Can I go to court and get the minor charge of driving without the insurance card thrown out by making confessing to the much more serious charge of having no insurance. Not expired! Cancelled it myself then drove anyway.”

Road warier either missed the details, or was being a nice guy.

 

[gentle_lover]

Forget the words, what section of the Highway Traffic Act did he indicate?

For the speeding ticket, he put H.T.A. but he left the section blank. Did he fail to put the section? Can I do something about this?

For the insurance ticket, he put C.A.I.A. section 3(1)