No Insurance Ticket Ontario – Lesson 3 – Police Interaction
No Insurance ticket / charges in Ontario – Lesson 3 – Police interaction This article is based on a very important topic regarding a No
October 6, 2021
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Understand the law. To fight a Driving Without Insurance charge in Ontario, it’s important to understand the law.
You’ve been charged under the “Compulsory Automobile Insurance Act.” There are lots of laws you need to follow when you drive. Your Driving Without Insurance charge is found in the “Compulsory Automobile Insurance Act”, Ontario legislation.
Under section 2(1) of the “Compulsory Automobile Insurance Act,” you cannot operate a motor vehicle unless that vehicle is legally insured.
You can read the exact language of the charge here.
Your court appearance is NOT your trial date – The summons directs you to appear in court for a court date called the “First Appearance.”
Read below, Chapter 9, for more about the legal process you face when you get a Driving Without Insurance charge.
The law is clear. If you own a vehicle, that vehicle must be insured.
And, it does not matter who is driving the vehicle. If the vehicle is not insured, then you will be charged with Driving Without Insurance, even if you’re not driving the vehicle.
The police can charge you for Driving Without Insurance for up to 2 years from the date of the event where your vehicle was driven without insurance.
No. Driving Without Insurance in Ontario is not a criminal charge. It is an offence under the “Compulsory Automobile Insurance Act.”
A conviction of Driving Without Insurance, while serious, will NOT result in a criminal charge.
The Criminal Code of Canada does have charges that are focused on driving, such as Dangerous Driving. So, if the Driving Without Insurance event is so severe, the Police may decide to pursue charges against you under the Criminal Code of Canada.
The penalties for Driving Without Insurance are found in section 2(3) of the “Compulsory Automobile Insurance Act”. (Click here to read the penalties as they are written in the law.)
And, with all fines, the province adds a victim surcharge equal to 25% of the fine amount. So, with a $5,000 fine, the total fine would be $6,250. And, with a maximum fine of $50,000, the total fine would be $62,500.
The Prosecution MUST ask for these minimum fines on a conviction. If you get convicted of Driving Without Insurance, the Prosecutor has to follow the rules regarding the penalty. This means that the Prosecutor will be seeking fines that start at $5,000 for a first offence and $10,000 minimum for subsequent offences.
Your insurance rates will dramatically increase. When you are convicted of Driving Without Insurance, your insurance company will place you in a “high-risk” category. And the impact of being “high-risk” will be dramatic insurance rate increases.
No. Under the “Compulsory Automobile Insurance Act,” you cannot go to jail for Driving Without Insurance.
None. There are no demerit points associated with a Driving No Insurance conviction.
The law is clear regarding penalties for Driving Without Insurance penalties. The minimum fine for a Driving Without Insurance charge is $5,000 for a first offence. And $10,000 for subsequent offences.
The Justice of the Peace is the final decision maker on what your penalty will be. That includes the amount of the fine you will have to pay.
The Justice of Peace will decide on how much your fine will be.
Many factors go into the decision making process about what your fine will be. Some of these factors include:
Yes, but it’s important to understand that the law is clear about the minimum penalty amounts.
However, there is an exception under a law called the “Provincial Offences Act.”
This exception is the key to getting fines that are lower than the minimum.
The only way to get the exception is to explain to the Justice of the Peace why your situation falls under the definition of section 59(2), “exceptional circumstances.”
In other words, you need to tell your story.
Your story MUST touch upon the factors that the Justice of the Peace needs to take into consideration when they make a decision regarding the penalty amount.
And, you need to tell your story — and get it right — within a few minutes (because that’s all the time you’re going to have).
One of the most important factors is WHO the Justice of the Peace is that will hear your story.
We’re all human beings. So too are the Justices of the Peace. Some are more flexible than others.
If your story is heard before a Justice of the Peace that is NOT flexible, then you may get a bad result, i.e. a large fine. That is true even if your circumstances fall under the exception.
Bottom line. WHO hears your story is critical.
Yes. Insurance companies price your insurance based on how risky a driver you are. And, one of the most important ways they assess how risky a driver you are, is based on your driving record.
Yes. When you are convicted of a Driving Without Insurance charge, you are considered a “high-risk” driver. An insurance company may then decide that you are too risky of a driver and may refuse to insure you.
3 Years. Your Driving Without Insurance charge will remain on your driving record for three years.
Anyone can fight their Driving Without Insurance charge.
And it may be possible to win. And in some cases, it may be possible to get your charges withdrawn, even if you’re guilty.
If there is a big mistake with your Driving Without Insurance charge, it may get withdrawn.
And, there are 2 types of mistakes that can happen with your charge: Fatal Errors, and Minor Errors.
If your charge has a “Fatal Error”.
If your charge has “Minor Error”.
In your disclosure! The disclosure is all the evidence that the court has against you and will be used to prosecute the case against you.
The Prosecutor, upon seeing the Fatal Error, may decide to withdraw the charge.
Or, the Justice of the Peace, upon seeing a Fatal Error, may rule that the charge be dismissed.
Be realistic. It’s a small chance that your charge may have a “fatal error,” but it does happen. And it’s worth finding out.
The most common valid defence to a Driving Without Insurance charge is that there was a mistake. That you did have valid insurance. If you do have proof of a valid contract of insurance, then your charge will be withdrawn.
Unfortunately, most “excuses” are NOT defences. Because a Driving Without Insurance charge is a public safety offence, the lawmakers made it very difficult to “win” these cases. That means most excuses won’t get you off this charge.
No, this is NOT a defence.
No, this is NOT a defence. See above.
No, this is NOT a defence.
No, this is NOT a defence.
You are responsible for making sure you make your insurance payments every month. If payment did not get processed, it is your responsibility to make sure that all payments go through. The fact that you didn’t get notice of your “non-payment” is not a defence.
No, this is NOT a defence.
See logic above.
No, this is NOT a defence.
The fact that no one was hurt has no legal meaning. See logic above.
No, this is NOT a defence.
Yes, the penalties are severe because the lawmakers want “responsible” drivers on the road. And for those people that do not drive responsibly, the law will punish them appropriately.
To get the best outcome for your Driving Without Insurance charge, it’s important to know the people involved in your case.
Our court system works like a “boxing match” or “MMA fight.”
Our court system is designed to have two people fighting it out with a referee to ensure each side is following the rules. And that referee will also decide on the outcome of your case.
There are 3 important people that matter in your Driving Without Insurance case.
Important Person #1: You – You have been charged under the “Compulsory Automobile Insurance” Act. You are known as the “Defendant.”
Important Person #2: The Prosecutor – The Prosecutor is representing the Ontario government. If your case goes to trial, then the Police Officer will be asked to attend your trial to provide the evidence.
Important Person #3: The Justice of the Peace – The Justice of the Peace is the “referee.”
These 3 important people each have an important role in case.
Your Role – You have been charged with Driving Without Insurance.
Your job is to defend yourself against the charge. If you hire a lawyer (or paralegal), your lawyer’s job will be to defend you.
The Prosecutor’s Role – The Prosecutor is NOT your friend. Yes, they may be nice. They may be pleasant to deal with. But their job is NOT to be your friend. His or her job is to convict you of the charge. First, the Prosecutor needs to decide whether there is sufficient evidence to prove the charges against you. If there is, then the charges against you will proceed.
The Justice of the Peace’s Role – He or she is the “referee” in your fight.
The prosecutor has a lot of power in your case.
As you read above, the Prosecutor is not your friend.
The Prosecutor’s job is to convict you of the Driving Without Insurance charge against you.
Convicting You (Sorry, It’s Pretty Easy)
But, that’s not the end of the story (and this part is REALLY important)
The Prosecutor needs to make 2 decisions.
Bottom line?
The most important thing to remember with any charge – whether you’ve been charged with Driving Without Insurance, — is that you are presumed innocent.
The charges against you will take time. The legal process does not happen overnight. However, the courts cannot take forever to prosecute the case against you.
As your case proceeds through the court system in Ontario, you will face a series of court dates that include:
Read more about your “First Appearance” below in Chapter 9.
Disclosure is all the evidence that the Prosecutor will use against you as they try to convict you on your Driving Without Insurance charge.
Disclosure includes all the Police Officer notes, witness statements, and technical documents including the notes regarding the radar device.
Yes.
And, it’s important to know that the disclosure you get at your First Appearance may not be complete.
And it is critical to get complete disclosure to properly assess your case’s strengths and weaknesses to mount an effective defence.
Your first court date is called a “First Appearance”. This is the first time you will appear before the court for your Driving Without Insurance charge.
When you were charged with Driving Without Insurance, the police officer gave you a summons with your court details for your first appearance. The details will include the date, time and the court where you need to appear.
Due to COVID-19, many court dates will not be in person. If that’s the case, the court will inform you on how to virtually attend your court date.
Here is a list of most of the courts which handle Driving Without Insurance charges.
Barrie, Belleville, Bracebridge – Muskoka, Brampton, Brockville – Leeds & Grenville, Caledon East, Cayuga – Haldimand,Chatham – Kent, Cobourg – Northumberland, Cochrane, Cornwall – Stormont, Dundas & Glengarry, Durham, Dryden, Elliot Lake, Espanola, Fort Frances, Goderich – Huron, Gore Bay, Guelph, Haileybury – Temiskaming Shores, Halton Region (Burlington – Halton Hills – Milton – Oakville), Hamilton, Kenora, Kingston, Kitchener – Cambridge – Waterloo Region, Lindsay – Kawartha Lakes, London, Mississauga, Napanee – Lennox & Addington, Newmarket – York Region, North Bay, Orangeville, Orillia, Ottawa, Owen Sound / Walkerton – Grey Bruce, Parry Sound, Pembroke – Renfrew, Perth, Peterborough, Picton – Prince Edward County, Richmond Hill, Sarnia, Sault Ste. Marie, Simcoe – Norfolk, St. Catharines – Niagara Region, Stratford – Perth, Sudbury, Thunder Bay, Timmins, Toronto East, Toronto South, Toronto West, Welland – Niagara Region, Windsor, Woodstock – Oxford.
You can find a complete address list of Provincial Offences courts here
Here’s what’s going to happen at court appearance for your Driving Without Insurance charge.
Meet the Prosecutor and get your evidence – You are going to meet with the Prosecutor. And, that Prosecutor is going to give you the evidence, which will be put into your Disclosure.
Your meeting with the Prosecutor may be very brief because you are simply checking in to let the court know that you are there. In some cases, there may be time to speak with the Prosecutor about your case. Whether there is time (or not) to speak about your case is the decision of the Prosecutor.
After meeting with the Prosecutor, you have 3 options to consider for the next steps.
There is NO downside to ask for this delay. It’s important to understand the charge you are facing, the evidence the court has against you and the penalties that you face. Take the time to make an informed decision.
Lastly, a new court date will be set. Assuming you did not enter a guilty plea, you will appear before the Justice of the Peace and a new court date will be set.
Practically, they are the same thing.
Evidence are the facts upon which the prosecution will use to try to prove the Driving Without Insurance charge against you.
Disclosure is the “package” of evidence that will be given to you at your first appearance.
Disclosure typically includes a synopsis of the police summary of the case against you, the police officer’s notes, witness statements and a screening form (which an offer for resolution).
Yes.
You legally have the right to get all the evidence that the court has against you.
Getting all your evidence is NOT a choice of the prosecutor or the court. The court must give you all the evidence. If you do not get all the evidence, it may be possible to get the charges against you withdrawn.
Maybe.
Occasionally, the evidence against you may not be ready by the time you arrive at your first appearance.
In this case the court will set another court date to give the court and the prosecutor more time to get the evidence.
However, if after a few court dates you still don’t have your disclosure, the Justice of the Peace may dismiss the charges against you.
Not necessarily. And this is a very important point to know.
Even when you get your disclosure, that does not mean that you have all the evidence against you. In fact, your disclosure package may be missing some key evidence.
If you suspect there is missing evidence, you can ask the court and the prosecutor, for that additional evidence.
Getting ALL your evidence is critical for you to be able to make an informed decision on how you want to proceed with your case.
No.
The Police Officer is not required to be at your First Appearance. If your case goes to trial, then yes, the Police Officer that charged you will be called upon to give the evidence that he or she has against you.
No. Your “First Appearance” is not a trial. It’s the first time you appear before the court for your Driving Without Insurance charge.
If you decide to go to trial, then your trial date will be set at some point in the future. That date may be days, weeks, or many months in the future. But your trial will NOT happen on your first appearance.
If you have hired a lawyer, then no. You do not need to attend your First Appearance because your lawyer will attend on your behalf.
If you have not hired a lawyer, then yes. You will need to attend your First Appearance.
Maybe. For the first appearance, you may be able to have someone attend on your behalf. However, you should give that person written permission that they are allowed to attend on your behalf and include the reason why you are not able to attend.
The most effective way to fight the charge is to hire an experienced lawyer. The results of your No Insurance charges rest with analyzing your disclosure or evidence, speaking with the prosecutor and determining the next steps. An experienced legal professional knows best how to navigate the complex court system to minimize the penalties for your charges.
A No Insurance charge (section 2 of the Compulsory Automobile Insurance Act) is a very damaging conviction on your driving abstract. However, for insurance companies, it is a non-moving violation. However, it can results in a suspension of your driver's license.
Generally, driving infractions will affect your insurance policy for up to 3 years. As far as your driving abstract, it will always remain.
In order to get your charges dropped, there would have to be a fatal error in the province's disclosure or evidence. If this is the case, a legal professional would argue to have the charges dismissed.
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