Fighting a ticket when the officer could've issued additional tickets | GTAMotorcycle.com

Fighting a ticket when the officer could've issued additional tickets

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jonpurdy

jonpurdy

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So I received a couple of tickets: one for passing on the shoulder in heavy traffic on the 401 and one for failure to show insurance.

However, I forgot (yep, forgot) that I only have my M1. The officer noticed but he didn't issue a ticket for that.

Should I show up and fight these anyway or could the relatively nice cop bring up the M1 thing?
 
correct me if I'm wrong but can't you get the failure to show insurance if you come up to whatever division the cop was in and show ins?

i remember hearing back when that if you "forgot" or (or actually forgot) your license (and/or) insurance, and your ticketed, you can show proof the next day and the charges will be dropped. feel free to correct me as this is from word of mouth, and i don't know how reliable my input is.
 
you passed on the shoulder and didn't get charged under 172?

This sounds like a good day to me.
 
jonpurdy said:
So I received a couple of tickets: one for passing on the shoulder in heavy traffic on the 401 and one for failure to show insurance.

However, I forgot (yep, forgot) that I only have my M1. The officer noticed but he didn't issue a ticket for that.

Should I show up and fight these anyway or could the relatively nice cop bring up the M1 thing?
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I think I saw you on the right shoulder with a stealth opp cruiser behind you. Location was 401 Westbound C/L near Allen Rd. This was the 13th of March.
 
OP, you're pushing your luck if you ask me. Not only should you have not been on the 401 to begin with (with your M1), but it's a bonehead move to pass on the shoulder even for a fully licensed operator. IMO, you deserve more convictions than what you received.
 
jonpurdy said:
So I received a couple of tickets: one for passing on the shoulder in heavy traffic on the 401 and one for failure to show insurance.

However, I forgot (yep, forgot) that I only have my M1. The officer noticed but he didn't issue a ticket for that.

Should I show up and fight these anyway or could the relatively nice cop bring up the M1 thing?
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wait so are you actually insured? cuz if not you're looking at $5,000 fine
 
is pushing a bike on the shoulder considered illegal?
 
qaz393 said:
is pushing a bike on the shoulder considered illegal?
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nope, apparently, I was charged with leaving the scene of an accident 2 years ago because some bonehead brake checked me on the 403 when i was checking my blind spot to switch lanes. When I mena brake check I mean he LOCKED the brakes up, not a soul ahead of him I went over the handle bars stupid brembos. He took off conviniently nobody got his plate number or saw what happend...............I was alone.......cop showed up and arrested me then let me go with a leaving the scene and careless and a 700$ impound fee ect ect *shakes head* another day in the life of a 24 year old on a sport bike. All I was trying to do is push my bike off the highway so my pops could come a pick me up.
 
^^ that doesnt make sense. you cant get arrested and get let go without going to the station.

leaving the scene ? what scene ? how did he know where the " scene " was ? Careless ??? hopefully you fought all these tickets.
 
deejizzle said:
correct me if I'm wrong but can't you get the failure to show insurance if you come up to whatever division the cop was in and show ins?

i remember hearing back when that if you "forgot" or (or actually forgot) your license (and/or) insurance, and your ticketed, you can show proof the next day and the charges will be dropped. feel free to correct me as this is from word of mouth, and i don't know how reliable my input is.
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There are two charges; one for not having insurance at all ($5000-$25,000), and for that many jurisdictions will allow a certain grace period to prove that insurance exists. The second charge is for failing to surrender insurance card ($65), and that's an absolute liability with no grace period.

braveheart said:
^^ that doesnt make sense. you cant get arrested and get let go without going to the station.

leaving the scene ? what scene ? how did he know where the " scene " was ? Careless ??? hopefully you fought all these tickets.
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Just because you're arrested doesn't mean you're going to the station. There are many reasons you may be released at the scene, ie; unconditionally (no charges), or charged by way of a ticket, summons, or appearance notice (criminal).

To the OP; if you take it to court you'll only have to defend the charges that were laid. HOWEVER, if the situation becomes one where the JP can decide to give a break or not and they're aware of the break you already got (likely will come out in the officer's evidence) you're not likely gonna get any further breaks.
 
VifferFun said:
OP, you're pushing your luck if you ask me. Not only should you have not been on the 401 to begin with (with your M1), but it's a bonehead move to pass on the shoulder even for a fully licensed operator. IMO, you deserve more convictions than what you received.
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I'll have to agree with Viffer on this.
1. How do you forget that you only have an m1? How long have you been riding?
2. You shouldn't of been on the highway to begin with, did you really think it was a good idea to be passing cars on the shoulder?

Sounds to me like the cop gave you a break, good luck fighting the charges.
 
@OP

Officer can issue Part 1 HTA infractions upto 30-days after the offence

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK4

POA s3

(3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred. R.S.O. 1990, c. P.33, s. 3 (3).
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i believe Summons can be issued upto six months: POA s76 (1)

i believe the officer would have issued you a ticket HTA 340/94 - s7 (4): http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940340_e.htm#BK0

7. The holder of a Class M1 driver’s licence may drive a motorcycle on a highway subject to the following conditions:

4. The motorcycle may not be driven on a highway with a speed limit in excess of 80 kilometres per hour other than those parts of the King’s Highway known as Nos. 11, 17, 61, 69, 71, 101, 102, 144 and 655. O. Reg. 340/94, s. 7; O. Reg. 205/10, s. 4.
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not to mention the mandatory 30-day DL suspension associated with this particular offense: http://www.mto.gov.on.ca/english/dandv/driver/gradu/index.shtml#escalating

and i believe there is also a $110 fine: http://www.ontariocourts.ca/ocj/en/setfines/one/schedule46.doc

then the license re-instatement fee, and your insurance policy will most likely get cancelled
____________

to answer your question, the officer has 30-days from the offense to issue you that life-threatening M1 ticket

he can bring up the fact you were driving with M1 at trial, but he can't issue a ticket or recommend a new charge at trial
____________

kiss the ground, thank your gods you didn't get that M1 ticket nor the s172 stunt-tow or s130 careless for that dangerous and unnecessary shoulder-overtake

deejizzle said:
correct me if I'm wrong but can't you get the failure to show insurance if you come up to whatever division the cop was in and show ins?

i remember hearing back when that if you "forgot" or (or actually forgot) your license (and/or) insurance, and your ticketed, you can show proof the next day and the charges will be dropped. feel free to correct me as this is from word of mouth, and i don't know how reliable my input is.
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this is untrue, the CAIA or HTA don't allow for any of the above; a lot of officers have very little patience for drivers excavating their vehicles; if you forget your drivers license, be prepared to get arrested

however most people who usually get these non-moving infractions, are already getting a slew of other ones; so if they choose to plea-bargain... the crown may drop them if they can prove they had valid DL & insurance on the date of the offence, but they have to plea-guilty to something else
 
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iFly55 said:
i believe Summons can be issued upto six months: POA s76 (1)

to answer your question, the officer has 30-days from the offense to issue you that life-threatening M1 ticket

he can bring up the fact you were driving with M1 at trial, but he can't issue a ticket or recommend a new charge at trial

this is untrue, the CAIA or HTA don't allow for any of the above; a lot of officers have very little patience for drivers excavating their vehicles; if you forget your drivers license, be prepared to get arrested
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The above post is very long so I snipped a bunch to address some issues.

The charge can be laid up to 6 months after the offense. Period. Don't get wrapped up around what piece of paper will compel you to answer to it. The fact that you're fighting the charges won't cause the additional charges to be laid. If they were severe charges then possibly, IF there was a viable reason to have delayed laying the charges or if new evidence surfaced. To lay them after the fact just because you chose to fight the other charges (which the officer won't likely know about for quite some time) would easily be recognized as spiteful on his part and the Crown will not wish to pursue them. The full events surrounding the incident will likely come out at trial but as supporting evidence.

As I mentioned, many jurisdictions allow for a grace period to prove that you have a valid insurance policy. This is not written into the HTA and is in place to free up the courts of unnecessary matters as there is no "ticket" for that charge, only a court appearance. The separate charge of failing to have an insurance card is a ticket so no grace period is given.

Forgetting your driver's licence does not allow for an arrest authority, failing to identify yourself does (either refusing to ID yourself or lying and giving a false name).
 
Friend hit with failure to provide insurance. He went in that week and showed it and it was dropped.

Also, cops have to cuff you if they catch you doing anything criminal, but they can just as easily let you off. Friend tried to drive over a curb to get out of a paid parking lot and got caught. Officers cuffed him, said because it was considered petty theft it was protocol. We talked to them politely about how we just came back from a cancer fundraiser and how good of a guy/student he is and they let him off. "He's a good kid, just made a bad decision" is what the officer said. No charges.
 
jonpurdy said:
So I received a couple of tickets: one for passing on the shoulder in heavy traffic on the 401 and one for failure to show insurance.

However, I forgot (yep, forgot) that I only have my M1. The officer noticed but he didn't issue a ticket for that.

Should I show up and fight these anyway or could the relatively nice cop bring up the M1 thing?
Click to expand...

I love posts like this. So your saying you are guilty of both offences and were guilty of a third but the cop either didnt notice or gave you a break and you are thinking of going to court to argue??? This is why the courts are so backed up now. If you did this and admit it to us on the forum just pay your darn dues for the stupid acts you have commited and learn from it hopefully and DONT DO IT AGAIN !!!!!

Why dont you think you should be accountable for your actions ??? REALLY !!!!!!!

Ride responsibly and stop feeding the public opinion that all motorcycle riders are selfish A@@h*&^s. :laughing3:
 
This thread should be moved.
 
jverlaan said:
I love posts like this. So your saying you are guilty of both offences and were guilty of a third but the cop either didnt notice or gave you a break and you are thinking of going to court to argue??? This is why the courts are so backed up now. If you did this and admit it to us on the forum just pay your darn dues for the stupid acts you have commited and learn from it hopefully and DONT DO IT AGAIN !!!!!

Why dont you think you should be accountable for your actions ??? REALLY !!!!!!!

Ride responsibly and stop feeding the public opinion that all motorcycle riders are selfish A@@h*&^s. :laughing3:
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I love reading posts like this. where the person responds with an assinine assumption of something he thought he read.
typical knee-jerk reactions from someone who cant comprehend whats typed in front of them.

the OP has never said he was guilty of passing on the shoulder. he said he got a ticket for it.
he got a ticket for failure to show insurance. he never said he didnt have insurance.

just because a cop gives you a ticket for something, doesnt mean that your guilty of it. thats why we have court. Its our RIGHT to use the courts

As you said " Hopefully you will learn from the stupid acts you have commited and hopefully not do it again !!!! "
 
I seriously doubt that he wasn't passing on the shoulder. This isn't a careless ticket, which is subjective. You are either on the shoulder or your not. He actually could not produce valid insurance hence the ticket fail to "show" insurance card. He may have insurance, but that has nothing to do with being able to show insurance. Although it is rare for someone to a) purchase a bike and b) insurance with out the assurance that they will get their license. He forgot that he only has a M1, you only hold it for 90 days, it's not like having a G1 for 5 years. If you forgot the conditions of your licence in such a short period of time, maybe you should reconsider being licensed at all. Good think I remember that you should drink and drive.
 
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