OHTA.ca

Hello:

I was pulled over today for speeding 85 in a 60 zone. When asked to produce the license, permit, and insurance documentation I was unable to find the permit and was dinged with a section 7(1)(a) No Permit infraction. Once I had driven home I was able to locate the valid permit after rummaging through the glovebox.

The officer let me off the speeding infraction with a warning and so I currently only have the no permit ticket. In this case would it be advisable to attend court to dispute the charges? This is my first offence so I am at a loss as to how to best proceed.

I recognize that I was speeding and have no qualms about paying the ticket but would like to avoid insurance hikes if at all possible.

It really goes to how much time you are willing to invest on this on the very limited probability of success. Most people would just pay the ticket and move on. Here's why:

First, there is virtually no chance a prosecutor is going to give you any deal on the permit charge----you already got super lucky on the speed warning.

Second, this is a super easy charge for them to prove---you either gave the permit (upon demand) to the officer or you didn't. It doesn't matter if you later found it, it was in your wallet, it was on your phone, etc. What matters is did you give it to the officer forthwith upon demand. The officer is under no obligation to wait for you to find it.

So, the only way you can 'win' on this case is if the officer doesn't show up----which is extremely rare nowadays. Of course, keep in mind that your fine can also go up at trial (though rare on a first offence). The fine on your ticket is your 'set fine' whereas the applicable one at trial is the 'statutory fine'---which is a range. You won't be rewarded with any reduction in fine once the JP hears about the speed warning, so at best your fine stays the same; at worse it goes up.

So, bottom line: it all depends on whether you want to waste time, go to court, pay for parking, etc. on the very off chance that the officer does not show up. For most people, the answer would simply be pay the ticket and move on, but only you know your schedule.