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No Insurance - Operate a motor vehicle on a roadway without Insurance
The penalty of driving without insurance in Ontario is five thousand dollars. In addition the court will add a victim fine surcharge (tax) of approx twenty percent making the total fine six thousand two hundred and fifty dollars ($6250.00).
If you face a No Insurance Charge, you need the professional qualified assistance of OTT Legal Services to provide you with a winning defense.
Under the Compulsory Automobile Insurance Act of Ontario every owner who operates a motor vehicle on a roadway in Ontario is required to have a contract of liability Insurance for the motor vehicle with an insurance company.
Upon being stopped by a police officer, the officer may demand that the owner or operator of the motor vehicle produce proof that the motor vehicle is insured. Once an officer has made a demand, or request for proof of the insurance the operator or owner is obligated to provide to the officer evidence of insurance.
The officer does not have prove that the driver or owner did not have insurance, it is the owners obligation to prove to the officer that they did have insurance. This obligation is called a "reverse onus" meaning that the obligation to prove the fact in question is not on the prosecution or police as in most cases, but on the defendant. The defendant has to prove to the officer that they had insurance , not the officer has to prove the defendant did not have insuance.
The obligation to has insurance on the motor vehicle is on the owner, not the driver.
Once learning that the owner was operating the vehicle without insurance the officer can immediately issue a summons to appear in court for the offence, or lay a charge up to three years from the date of the infraction.
Should the officer believe that the motorist presented false evidence of insurance the officer can lay a charge of "produce false evidence of insurance".
The penalty for producing false evidence of insurance offence is ten thousand dollars, plus the twenty percent surcharge.
Upon stopping any motorist an officer may lay a charge of "Fail to Surrender Insurance Card" This offence has a fine of only 65 dollars.
Charges under the Compulsory Automobile Act do not have any demerit points against them.
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