“No Insurance Card Ticket”

Hello All,

I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.

I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and I originally had a digital copy of my insurance card but the officer wouldn't have it. He required a paper copy hence the ticket. I requested for option 3 for a trial and have submitted 3 disclosure requests via email (none have been provided thus far)

With the trial being in Barrie but I reside in Toronto, I don't have the ability to travel to the trial. My questions are:

1) What is my best way of getting this ticket dismissed? There are no visible fatal errors on the face of the ticket. I am hoping on a lack of disclosure route but theres still 1 month left

2) I was given the option to speak to the prosecutor on either Tuesdays or Thursdays to have reduced charges. Is there any non moving violation this charge can be dropped further down to given the circumstances?

If there are no fatal errors, you won't have it dismissed unless you or someone acting for you is there.

Has the Prosecutors office replied to your disclosure requests? If so, you know they've been received. You may succeed at having the prosecutor withdraw the charge on the basis of non-disclosure, but someone has to be there to request that. Even if the prosecutor had been planning to withdraw the charge, he or she won't do so if no one shows up.

Zatota wrote:If there are no fatal errors, you won't have it dismissed unless you or someone acting for you is there.

Has the Prosecutors office replied to your disclosure requests? If so, you know they've been received. You may succeed at having the prosecutor withdraw the charge on the basis of non-disclosure, but someone has to be there to request that. Even if the prosecutor had been planning to withdraw the charge, he or she won't do so if no one shows up.

Yes, the first time I sent the request I sent them a blank PDF form by accident and they replied and told me that it was blank. I have since sent them 3 disclosure requests in July, August and October with no replies.

If you have proof you sent them (e.g., a fax confirmation), you should ask for dismissal.

I have email confirmation records, would that count?

And also, how would I ask for dismissal?

They may count.

When you arrive, the prosecutor will probably be sitting at a desk outside the courtroom or at the front of the courtroom. He or she will ask each defendant what he or she wants to do, may offer deals, etc. At that point, you would say that you are asking that the matter be withdrawn for failure to provide disclosure.

With an offence date of June, its not likely that they will withdraw a charge. More likely to get disclosure that day and have it put off to another date.

You also indicate thats you received no reply to your disclosure request. Its actually your responsibility to contact them to see if disclosure is ready.

I had a case a couple of months ago where I followed up three times and had a call a week before the trial saying the officer still hadn't provided the Prosecutor's Office with disclosure. When I arrived in court, the Prosecutor said it still hadn't been received and she would be withdrawing the charge. I guess it depends on the prosecutor.

So I just got the disclosure request.

How do I go about pleading guilty and just paying the ticket before the trial date?

To plead guilty, you simply pay your ticket. You can do so online HERE

Alternatively, you can attend any POA court in Ontario and pay in person. Once paid, the system is updated and the matter is noted in error on the docket if it gets listed on the trial docket---(e.g. you've paid less than 2 days before the trial date). If you pay the ticket before the time they print out the dockets (i.e. usually 2 days before the trial date) then it won't even show up on the court docket. Its over.

Alternatively, if you don't attend your trial date, you'll simply be deemed not to dispute the charge (akin to being found guilty) and they'll automatically give you another 15 days in which to make your payment anyway.