served with 5 summons ...need help please !!

[Rob MacLennan]

I totally agree with what you guys say. inorder for me to get insurance on a vehicle where I am not the registered owner , that's kind of hard , secondly the car was going to be driven across the border with a 10 day trip permit and my brother would have his insurance policy while he drives it across or I might drive it over. Now since the dealership insurance will not cover me on that car , does it matter that I have valid insurance on my own car , I was told that you automatically get insured for a certain amount when you buy a new car , not sure how true that is

'Not' is how true that is. As little as a phone call to your insurer is enough to get a "temporary binder", while the details are being worked out. Without that you have nothing. At any rate you state that this was not your car, so you couldn't be insured on it. That's called not having an "insurable interest." If you could do that, then what would stop you from taking out policies on the next 20 random cars that you see on the street, in hopes of hitting the lottery?

 

[Roadghost]

Nope.

the driver (not only the owner) is (also) responsible for ensuring that the vehicle is legal. this includes verifying proper plate & sticker, insurance, possession of valid title. The only one of these that someone borrowing a vehicle may not be responsible is for #5: Fail to apply for permit on becoming owner.

If the vehicle is not legal, don't drive it. Also, never trust that someones insurance is valid. i almost got dinged borrowing a buddies truck, turns out his ins. card was expired, but still valid. Luckily i had my own insurance card (for my car) in my wallet, so he didnt ticket me. the cop followed me back (1/2 a block in a neighborhood) and asked my buddy for his valid card.

That's funny. I could have swore when I went to court in 1995 I beat the same rap because the vehicle was not mine. I'm speaking from experience son. Of course, the laws might have changed since then. Perhaps you could fill me in.

 

[Rob MacLennan]

That's funny. I could have swore when I went to court in 1995 I beat the same rap because the vehicle was not mine. I'm speaking from experience son. Of course, the laws might have changed since then. Perhaps you could fill me in.

The way that the law is written the charge can be applied to either the registered owner OR the operator of the vehicle.

 

[hedo2002]

That's funny. I could have swore when I went to court in 1995 I beat the same rap because the vehicle was not mine. I'm speaking from experience son. Of course, the laws might have changed since then. Perhaps you could fill me in.

Likely had either a lazy Crown or a JP who was in a good mood or didn't know the section properly. But yes it applies to the driver or owner, but either or both can be charged. Just because someones charge is dismissed doesn't mean, the charge didn't apply.

 

[Bike Cop]

If you take each of the charges and break them down into their elements of offence, you are left with simple to answer questions. ie. failing to surrender a permit = did you drive a motor vehicle on a highway? did you surrender a permit when asked to do so by the police? If the answer to those questions is yes, you are factually guilty.

Another example, and let's use the big one... Owner operate a motor vehicle on a highway without a valid contract of insurance = are you the owner of the specific motor vehicle in question? Did you operate it on a highway on a specific date/time? Was the motor vehicle that was driven insured at that time?

To answer some of those questions, the Crown will rely on either documents from the MTO, or a statement from the insurance agent, and the officers testimony. It isn't that hard to get a conviction in these cases, because it's a reverse onus charge. That means, the Crown doesn't have to prove that you didn't have insurance, YOU have to prove that you DID.

My limited knowledge about dealer insurance policies is that they have a list of vehicles that they own, and it covers those vehicles. I don't believe you can insure a licence plate, then just move the plate to whatever vehicle you want and claim that it's insured.

I'm surprised the officer only came up with 5 charges, it sounds like there could have been more. I would say that you will likely take a hit on a couple of those charges and the Crown might drop the others. You can plead ignorance of the law and maybe they'll take pity on you - but you'll still be convicted. That's my guess.

 

[crankcall]

If you take each of the charges and break them down into their elements of offence, you are left with simple to answer questions. ie. failing to surrender a permit = did you drive a motor vehicle on a highway? did you surrender a permit when asked to do so by the police? If the answer to those questions is yes, you are factually guilty.

Another example, and let's use the big one... Owner operate a motor vehicle on a highway without a valid contract of insurance = are you the owner of the specific motor vehicle in question? Did you operate it on a highway on a specific date/time? Was the motor vehicle that was driven insured at that time?

To answer some of those questions, the Crown will rely on either documents from the MTO, or a statement from the insurance agent, and the officers testimony. It isn't that hard to get a conviction in these cases, because it's a reverse onus charge. That means, the Crown doesn't have to prove that you didn't have insurance, YOU have to prove that you DID.

My limited knowledge about dealer insurance policies is that they have a list of vehicles that they own, and it covers those vehicles. I don't believe you can insure a licence plate, then just move the plate to whatever vehicle you want and claim that it's insured.

I'm surprised the officer only came up with 5 charges, it sounds like there could have been more. I would say that you will likely take a hit on a couple of those charges and the Crown might drop the others. You can plead ignorance of the law and maybe they'll take pity on you - but you'll still be convicted. That's my guess.

So this was summed up in post #2, go get professional help.

 

[LoneRonin]

The car was purchased with a blown engine , have papers from the dealership to prove it , was sitting at a repair facility for over 5 months waiting on a used engine. I can get documentation to prove that as well. I only got the car on the road two weeks ago and I was going to get a crank sensor replaced back to the facility , moreover I have an appointment with Volkswagen on the 3rd of November for the rust warranty and after that the vehicle will go to the United States . My brother lives in Texas and the car needs to be driven across. When I say fit ...its what the registration states . there was nothing about the vehicle being unsafe. If the car can be transferred to a Texas license holder I would have gladly done so.

this sounds like a load of stupid *********...

Buy a car from the States to drive it back to Texas blah blah blah...WTF?? Just tell him to get a ****ing car in Texas. Like ZX600 said, looks like you got bent over took that bigfoot hard..get a lawyer, paralegal at the least.

 

[statsman]

1. Fail to surrender Permit for Motor Vehicle
2.Use Plate not authorized for vehicle
3. Owner operate motor vehicle - no insurance
4. Use Plate not in accordance with act
5. Fail to apply for permit on becoming owner.

1. You are only allowed to have 1 plate on a vehicle at a time. As you are the driver, you are responsible. Guilty
2. This refers to the plate under the dealer plate, It was no longer registered to that vehicle or to the owner of the car. Guilty
3. As you had a dealer plate on the vehicle, you were insured. Not guilty. Bring a copy of the dealer plate insurance to court.
4. Back to #1. This refers to the dealer plate and the fact you had a regular plate on as well. Guilty
5 You are not the owner, therefore not guilty. You will need a copy of the current ownership to prove this. A history of the ownership of that vehicle from the Ministry would also be helpful to show that you have never been listed as the owner.

Please note, I am not a paralegal. You may want to consult Pointz or another agency before your court date.