What is a Driving without Insurance charge in Ontario?
Chapter one, what is a driving without insurance charge in Ontario? Now it’s important to understand the law so because to fight a driving without insurance charge in Ontario, you must understand the law in which you’ve been charged.
You’ve been charged under the compulsory Automobile Insurance Act. And there are lots of laws you need to follow. When you drive. You’re driving without insurance charges found in the compulsory Automobile Insurance Act on Ontario legislation and under Section two, one 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 at Ontario. Now, being charged with driving without insurance does not mean you are guilty unless you have been convicted in court. You’re driving without insurance charges, an allegation only that is not yet proven.
You will need to appear in court. And when you were charged, the police gave you what’s called a summons to appear in court. It looks like a a standard traffic ticket. And depending on how the officer laid the charge, it can be a simple ticket or it can be a summons compelling you to appear in court.
On the summons, the police officer will have written the date, the time and the location of the court where you need to appear now that make that court date may be online due to covid-19 many court dates will not be in person.
And if that’s the case, the court will inform you of how to virtually attend your court date. Your court appearance is not your trial date. The summons directs you to appear in court for a court date called a first appearance.
Now, this first appearance is not a trial. This court date is the first time you appear before the court for your driving without insurance. Charge the legal process for your driving without insurance charge.
It may take multiple court appearances before your case is actually resolved. The complete legal process may take days, it may take weeks or months and sometimes even a year to resolve. So if you read chapters below, you can find out more about the legal process you will face when you get your driving without insurance charge.
Now, I was not driving my vehicle, someone else was driving my car, why was I charged with driving without insurance? And that’s a good question. The law is very 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 driving or even if you’re not driving the vehicle.
Now, how long do the police have to charge me for driving without insurance charge? It’s a good question. Again, the police can charge you for driving without insurance for up to two years from the date of the event where your vehicle was driven without insurance, is driving without insurance a criminal charge? No, driving without insurance is is not a criminal charge.
It is an offence under the compulsory Automobile Insurance Act. And 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.