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No Insurance

Question:

I’ve been charged with not having insurance and I have a court date coming up next week. The insurance company tried to take a payment from my account but the funds weren’t there. I need help. Can I hire you if my court date is next week?

Response:

We should be able to help you. Hopefully your court date next week is your first court appearance and we can simply have the matter put over to a second court date to provide us time to file for a disclosure of evidence to review and prepare for the next court date.

There are generally two common types of insurance charges, the first is the smaller offence of failing to surrender your insurance card. While they can result in a record of conviction on your driving history, these offences have a small fine and no demerit points. The larger and by far more serious offence is OPERATE MOTOR VEHICLE – NO INSURANCE under Compulsory Automobile Insurance Act section 2(1)(a):

“2. (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,

(a) operate the motor vehicle; or

(b) cause or permit the motor vehicle to be operated,

on a highway unless the motor vehicle is insured under a contract of automobile insurance.

[…]

 

(3) Every owner or lessee of a motor vehicle who,

(a) contravenes subsection (1) of this section or subsection 13 (11); or

(b) surrenders an insurance card for inspection to a police officer, when requested to do so, purporting to show that the motor vehicle is insured under a contract of automobile insurance when the motor vehicle is not so insured,

is guilty of an offence and is liable on a first conviction to a fine of not less than $5,000 and not more than $25,000 and on a subsequent conviction to a fine of not less than $10,000 and not more than $50,000 and, in addition, his or her driver’s licence may be suspended for a period of not more than one year. “

 

As you can tell, these charges are very serious carrying thousands of dollars in potential fines and possible suspension of your driver’s licence. It is also important to keep in mind when reviewing potential court fines, that these values have an additional 25% victim fine surcharge added to them.

We will need to speak with you as early as possible to document the details of your case and gather any information necessary to support your case at court. We can certainly seek out any possible legal arguments to have the charge withdrawn. If the charge can not be withdrawn we will be able to review your remaining legal options with you. It may be possible to negotiate a lesser offence or perhaps lesser penalties. Another option would be to set the matter for trial to argue it before a Justice of the Peace.

One of the avenues that we may want to consider in addressing the penalties would be to develop an application to the court to consider your income and expense levels in seeking to have the fine reduced to something more proportionate to your disposable income. Please contact our office via our toll-free number 1-844-647-6869 or by email at info@otdlegal.ca. Once retained as your legal representative we will likely not require your attendance for next week’s court appearance and will have an update for you shortly thereafter.

Posted under Traffic Ticket Defence

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