FIGHTING
TICKETS CAN BE PERILOUS
Oct 28, 2003
MARYANNA LEWYCKYJ
The London Free Press
To the angry motorist, her insurer's
actions defied both fairness and common
sense. I recently got an earful from
an irate driver who was ticketed by
a police officer for an improper stop.
She was so upset at the ticket --
for an offence she insists she didn't
commit -- that she got rattled and
couldn't find her proof of insurance
in her glove box. So on top of the
moving violation, she was cited for
failing to provide proof of insurance,
although she had valid coverage at
the time.
Armed with a letter from her insurer
verifying she indeed had insurance
on the day in question, she went to
court to defend herself on both violations.
Trouble was, when she was making her
case against the improper stop, she
called the police officer a liar.
At that point, the judge lost patience
and found her guilty on both offences.
Not only did she have to pay the applicable
fines, but her insurer refused to
renew her coverage.
The reason? The conviction for failure
to provide proof of insurance was
her third offence (along with a speeding
ticket and the improper stop) in a
short period of time. That caused
her insurance premiums to soar from
$125 a month to $300 a month, an increase
of 140 per cent, although she's never
filed an insurance claim.
This sorry tale has a few pointed
lessons for consumers:
- Paperwork penalties: It's not just
moving violations that can affect
your insurance rates. Failure to produce
certain documents can also boost your
rates. Always make sure you have your
driver's licence, vehicle registration,
and insurance papers handy when you
get behind the wheel.
- Grace under fire: Contrary to popular
opinion, there is no legally mandated
48-hour grace period for motorists
to produce proof of registration,
licence or insurance. "There
is this misconception that police
officers must give you 48 or 72 hours
to report with these documents,"
said Brian Lawrie, a former police
officer and founder of the POINTTS
ticket-fighting service. While police
officers have the discretion to simply
warn motorists rather than laying
charges, motorists don't have the
right to produce driving documents
later.
- Attitude matters: If you're pulled
over by police, save your arguments
for court and keep your cool. Suggesting
the police officer should be out chasing
murderers -- not speeders -- will
make you memorable for all the wrong
reasons. Lawrie says police officers
are more likely to keep copious notes
for motorists perceived as troublemakers.
"You never want to make yourself
memorable to the police officer,"
Lawrie says. The more meagre an officer's
notes are, the greater the likelihood
an officer will be at a disadvantage
during a thorough cross-examination.
- Courting disaster: Motorists who
are short-tempered and have little
grasp of traffic laws can sabotage
even a solid case.
"Even people who are normally
in control, once they get into a courtroom,
emotions can come into play,"
Lawrie says.
Although motorists might fear sky-high
legal bills to fight an offence, some
ticket agents (such as POINTTS) will
offer free consultations to broadly
assess cases and weed out sure-fire
losers.
"The last thing we want is to
run to court with a whole string of
people who are obviously guilty and
wasting everyone's time," Lawrie
said.
- Losing hurts: Motorists need to
look beyond the fine on the face of
a ticket when deciding whether to
fight it. The single mother cited
at the beginning of this column --who
didn't obtain any legal advice before
heading to court because she couldn't
"afford" it -- is now paying
$2,100 a year more in insurance. If
shelling out a few hundred dollars
might save you thousands, consider
expert help.
- Chasing copouts: Some motorists
head to court simply on the hopes
the police officer involved won't
appear. However, Lawrie says drivers
shouldn't put much stock in that.
"It's a duty for them and they
have to appear," Lawrie said.
"A police officer who doesn't
show up without a proper excuse is
liable to be disciplined and lose
some pay."
A long time ago, when court schedules
weren't kept in computers, errors
and oversights were more likely. Automation
has made such glitches rare.
"The days of police officers
not showing up are far and few between."
- Beef relief: Many motorists are
unaware every auto insurer in Ontario
is required to have an in-house ombudsman
dedicated to handling policyholder
beefs. If you're getting stonewalled
on an insurance problem, ask your
insurer for the name of the firm's
consumer complaint liaison officer
(the formal title for the ombudsman).
You also can complain to Ontario's
Insurance Ombudsman, part of the Financial
Services Commission of Ontario. FSCO's
phone number is 416-250-7250 or 1-800-668-0128.
The address is 5160 Yonge St., Box
85, Toronto M2N 6L9.
I recently spoke to a woman who was
told her premiums would jump to $8,000
a year from $800 a year. She successfully
fought the proposed increase through
her insurer's ombudsman.
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