Ottawa Uninsured Driver Lawyer
Driving without insurance is not a criminal offence but is considered a serious driving offence under both the Highway Traffic Act and the Compulsory Automobile Insurance Act in Ontario.
An uninsured driver runs the risk of extremely heavy fines, possible licence suspension, high insurance premiums, etc. It is generally advisable to contest an insured driving charge with the help of a lawyer experienced in such cases to avoid such unwanted consequences.
Start with a free consultation with David Anber’s Law Office to outline your legal options for contesting an uninsured driving ticket.
What is driving while uninsured in Ontario?
Ontario’s Compulsory Automobile Insurance Act (CIAI) requires that all motor vehicles in Ontario have liability insurance to ensure financial protection in the event of an accident.
The CAIA states:
(1) Subject to the regulations, no owner or lessee of a motor vehicle shall,
(a) operate the motor vehicle; or
(b) cause or permit the motor vehicle to be operated, on a highway unless the motor vehicle is insured under a contract of automobile insurance.
This insurance is designed not only to protect drivers and their passengers but also other road users. Driving without insurance is seen as a serious financial risk to others and the penalties are accordingly severe.
Examples of uninsured driver violations include:
- Driving a vehicle with an expired insurance policy
- Borrowing an uninsured vehicle
- Failing to present proof of insurance during a traffic stop
If drivers are unaware that their policy has lapsed or there are misconceptions about temporary coverage or grace periods, this can create serious legal issues for drivers in Ontario.
Furthermore, drivers should always carry in the car an insurance card evidencing that they are insured under a contract of auto insurance. Otherwise, it doesn’t matter who is driving the car, the owner may be charged as an uninsured driver.
What auto insurance is compulsory in Ontario?
In Ontario, the minimum mandatory auto insurance coverage is $200,000. It should include:
- Third-party liability: this covers injuries or property damage caused to others during an accident that is the driver’s fault.
- Direct compensation–property damage (DC-PD): this covers damage to the driver’s vehicle, its contents or loss of use if another person is at fault.
- Accident benefits: this covers medical costs, rehabilitation, attendant care, and income replacement if the driver is injured in an accident, regardless of who caused it.
- Uninsured automobile: this covers costs if the other driver is uninsured or under-insured.
What are the penalties for uninsured driving?
Although you will not end up with a criminal record as an uninsured driver, other serious financial penalties apply—even for a first offence—along with threats to one’s driving privileges.
A first-time offender faces a fine of $5,000 to $25,000, with an additional victim fine surcharge of 25 percent. So, the starting fine is actually $6,250 for a first-time offender. Repeat offenders face a fine of up to $50,000 with a minimum fine of $10,000.
A provision in the Provincial Offences Act permits a court to go below the minimum if “exceptional circumstances” warrant—usually related to financial hardship or the “interests of justice.”
However, jail time is not an option for driving with no insurance in Ontario. This is in stark contrast to the offence of driving while suspended or prohibited, which carries a jail sentence of up to six months.
Other possible penalties for uninsured drivers include the following:
- A potential licence suspension (up to one year)
- Increased insurance premiums (usually by at least 50 percent for the next six years)
- Refusal of future insurance coverage as a “high-risk” driver
- Vehicle impoundment (up to three months)
A license suspension may result from the failure to pay a driving uninsured fine. However, no demerit points are awarded for driving without insurance—unlike for other Highway Traffic Act infractions, such as careless driving.
A prior record of driving without insurance may also affect your ability to get some types of employment, such as government jobs in the police, military, etc.
How can our Ottawa uninsured driver lawyers help?
Even if you were unaware that your insurance had elapsed, you’re breaking the law by driving as an uninsured driver. This is a strict liability infraction and, even though it won’t result in a criminal record or direct license suspension, the huge fines are a strong deterrent. Most people simply can’t afford to pay them without serious consideration first.
David Anber and his team are seasoned driving offence lawyers and can help prevent the most serious consequences of driving uninsured.
After your free case evaluation, we will carefully investigate your case, examining the evidence for flaws, inconsistencies or Charter violations. We will also check for mitigating circumstances, such as lack of awareness, administrative error, etc.
During each step of the legal process, we will protect your rights and explain the procedures and available legal options.
Possible defences for uninsured driving
Sometimes, we seek to negotiate with prosecutors to have charges reduced or work to mitigate the consequences through plea bargaining. Our familiarity with Ottawa’s courts, prosecutors, and judges often assists this process. We may be able to reduce the fine or other penalties by thousands of dollars.
If the case proceeds, we will advocate for you before a judge. The main defences available in uninsured driving cases are:
- Administrative error
- Proof of valid insurance at the time of the alleged offense
- Proof that you were not the owner of the vehicle at the time of the offence
- No knowledge of committing a crime (this may be valid, in some cases)
- Misconduct or procedural errors by law enforcement
- Violation of Charter Rights
Contact David Anber’s Law Office Today
Seeking professional help from an Ottawa uninsured driving lawyer as soon as possible after being charged dramatically improves your chances of avoiding the eye-watering fines for driving uninsured.
David Anber’s Law Office has represented many people charged with this offence in Ottawa. To schedule a free consultation and speak with an experienced uninsured driver lawyer, call us toll-free at 1-888-989-3946 or contact us online.