OHTA.ca

Hello,

The other day I was pulled over for an expired license plate tag. I also had last year's insurance slip in my glove box.

So the cop asks if I have insurance, I tell him I do and live 5 minutes away with the proper paper work. He goes back to his car. My insurance broker info and contact was available as well. 15 minutes later he comes back with 2 tickets. Expired tag fine, and a summons to appear in court for "No Insurance"

Prior to this I had never been pulled over, and I have clean driving record.

I paid the expired tag fine, I accept guilt for that. I renewed the sticker in less than 24 hours. However the No insurance, I'm not guilty of.

The cop told me it was no big deal, show proof of insurance and no worries. I can go in early (like weeks) and show the proof and they will cancel my court date. However I cannot find anyone who will do this. Why did he tell me that? Who do I show?

My question is, what do I need to prove to the court that I had/have insurance? Do I need more?

So far I have

1. Letter from my insurance company (in route) stating:

- VIN, policy number, and that I was insured on the date of the offense

2. Letter from my (in route) insurance broker stating the same as above

3. Bank statements showing payments to my insurance company for the month of the offense

3. Record of Transaction for licence renewal the day after the offense

4. Pink insurance slip (the one the cop needed) with a copy of my policy

Do I need representation or can I do this myself? I called xcopper, and they give good advice but they want your money so I'm not sure what to believe.

What should I expect from the day of court? Will it be resolved with my proof or do they waste more time?

Any help is greatly appreciated

On your first appearance date indicated on the ticket you will probably receive disclosure from the crown. If you bring in your ownership and proof of insurance (proof that you had insurance on the date you were stopped) you can speak to the crown and see what they are wiling to do about it. They should drop it on that day or at the next set date.

Thanks for the reply Simon. I do have some more questions, if you can help that would be great! I dont really know too much about how the courts work, since I dont really have any ivolvement in them. Fires are more my cup of tea

What exactly is diclosure from the crown?

Can I talk to someone early to show them proof of my insurnace? early mediation is it called?

Why would they hold it off to another date, considering it can be solved rather simply with proof? I assume a letter from my insurance company will suffice?

Thanks agin

Disclosure from the crown is the summary of the evidence they have against you which they will bring to trail. It usually includes copies of the officer's notes, a summary of the incident, statements from any witnesses, physical evidence, etc. You get that because it is your right under law.

On the day of your first appearance they will probably already have disclosure prepared for you, but if you speak to the crown first thing in the morning they may be in a position to just withdraw the charge when it comes up on the docket that day.

I don't know exactly what they would require from your insurance company for proof, but you can probably just call your insurance company and say that you need something showing that you had insurance on the day in question.

Does that help clear things up? P.S. Don't worry if you don't understand the whole process - almost nobody does.

Officer issued you a summons to appear in court.

Appear in court with "original letter from insurance company" not from broker or insurance card (although bring it with you as well).

Show the letter to prosecutor.

Prosecutor may adjourn (reschedule) your case for several weeks to investigate your document or simply drop the charge on the first appearance.

Good luck.

Just to give you an update. I went to my first appearance, spoke with the crown attourney, showed my proof of unsurance and they dropped the charges right there. Just like you guys said.

Thanks for the help, I really appreciate it ! This website was really helpful, and made the whole process alot less stressful

rescue65 wrote: This website was really helpful, and made the whole process alot less stressful.

Thanks for the compliment! Thats what we are here for, to make the situation less stressful than it already is, and provide support and help that is hard to find!

Help us grow and please tell your friends about us!

I agree with Simon,

If you go to the court and show that you had valid insurance on the court date the prosecutor will drop the charge.

Just go to the court about 1/2 hour early, wait for the prosecutor to arrive, when they do approach them and tell them you are here for your case. Have the ticket ready to show them.

Explain to them that you did have insurance and that you have brought proof to show the court.

The prosecutor will then examine the documents, and ask you to wait until the justice comes into the court.

When the justice comes in the prosecutor will ask you to come to the front of the court and they will explain to the justice that you did have insurance, they have confirmed it, and that they, the prosecutor is asking for the charge to be withdrawn.