Advice, input, tips regarding 3 tickets issued on Wal-Mart property / parking lot | GTAMotorcycle.com

Advice, input, tips regarding 3 tickets issued on Wal-Mart property / parking lot

Now that the paperwork is in order, his most favorable course of action is to go to first attendance with the prosecutor, show them all of the documentation (ownership in his name, insurance paperwork in his name), and hope the prosecutor dismisses the charges. Do this at first attendance BEFORE going to court ... don't let it get into court without having first discussed it with the prosecutor (and hopefully come to an agreement to dismiss the charges). If it gets into court, the facts of the matter will show that he was guilty of the offences and the judge/JP won't have any choice in the matter but to convict.

The possibility most certainly does exist that if the prosecutor is having a bad day, or has received commandments from above to show zero tolerance, or if the person in question displays an attitude problem and therefore needs to be taught a lesson, that the prosecutor won't dismiss the charges ... and the facts of the matter show that he's guilty. Don't want this to happen? then don't commit the crime ...
 
Unfortunately this sort of thing is completely up to The Crown, because the act of riding without valid plates and ownership is all that they need for conviction. No mens rea is required. This is essentially a case in which he must throw himself on the mercy of the court/Crown, hoping for leniency.

On another matter, the insurance was likely invalid too. You can't insure a vehicle that you can't display ownership of, and the certificate of ownership is the only certain proof that will be accepted.
 
Rob MacLennan said:
On another matter, the insurance was likely invalid too. You can't insure a vehicle that you can't display ownership of, and the certificate of ownership is the only certain proof that will be accepted.
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I appreciate the reply guys. He told me that when he called his insurance broker all they asked was the Make, model and VIN number and they emailed him a temporary insurance slip till the other one came in the mail. So would it be the brokers fault for not asking for the ownership?
 
Rob MacLennan said:
On another matter, the insurance was likely invalid too. You can't insure a vehicle that you can't display ownership of, and the certificate of ownership is the only certain proof that will be accepted.
Click to expand...

I got insurance for a bike I was going to buy in the USA. However I didn't ride it until it was registered in my name.

Also you must have insurance before you can plate the vehicle which is usually when you register it. There is some reasonable cross over here that doesn't apply to joy riding on private property.

Is the problem the emailed slip? Easy to fake?
 
nobbie48 said:
I got insurance for a bike I was going to buy in the USA. However I didn't ride it until it was registered in my name.

Also you must have insurance before you can plate the vehicle which is usually when you register it. There is some reasonable cross over here that doesn't apply to joy riding on private property.

Is the problem the emailed slip? Easy to fake?
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The problem is riding the bike on public streets, when you don't have a valid plate/ownership. Check your policy.
 
Well I've spoke to my buddy, he's going to meet with the prosecutor and hear what he has to say about a resolution. He's going to pay what ever fines he is guilty of (not going to take it to trial)

He's just really worried with insurance taking a increase. Lets say he's convicted of all 3 tickets will insurance see a spike? (he's with Jevco / Intact) I don't know how many tickets they allow cause I'm with State Farm. Thing is, the officer told him they aren't moving violations so it wont effect anything, but he never gave his word. Anybody shed some light? Thanks :)
 
He could be looking at getting dropped by the insurer, which wouldn't bode well for getting insurance in future.
 
^ Aw damn that would suck big time. Would he also be dropped from his car insurance? He's under his fathers name I believe.
 
1niceR6 said:
^ Aw damn that would suck big time. Would he also be dropped from his car insurance? He's under his fathers name I believe.
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Jevco has a history of being somewhat less than forgiving, when it comes to things like this. I can't speak to his other insurer, but it would likely result in substantial increases at the least.
 
* Update *


So me and my buddy went to the meeting today, he was in there for less than 5 minutes. He showed his registered ownership, date tagged photo of his motorcycle with valid plate w/ sticker and she said ok all the tickets are being withdrawn, you are free to go.


He is so happy, lesson learned !
 
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