Driving without Insurance & Driving while Under Suspension

jimp925
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Driving without Insurance & Driving while Under Suspension

by: jimp925 on
Mon Feb 07, 2011 11:55 pm

Hello,

I was pulled over and given two summons to appear in court:
  • 1. Driving while under suspension -- (License suspended for Medical reasons)
    2. Operate Motor Vehicle without Insurance
These are first time offences and my driving record has been clean since 2003.
I have not been working since October 2007.
My license was suspended due to Medical reasons on March 2008.
I have not been in any accidents since February 2000.

Reading your other articles I understand that the minimum fine for driving while under suspension is $1000 and the minimum fine for operating a motor vehicle without insurance is $5000.

What is the best way to have these charges changed or even dropped?

On the Ontario Ministry of Attorney General website I have copied a paragraph below that I require some clarification:

“If you receive an Offence Notice (ticket) for an offence other than parking, stopping or standing of a vehicle, you should phone the court and ask about First Attendance options.”

What are First Attendance options?
Can you give some examples of First Attendance options?

Your advice will be greatly appreciated, Thank you.


Stanton
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by: Stanton on
Tue Feb 08, 2011 10:16 am

The charges you're facing are relatively serious in terms of Provincial Offences. It may be worth consulting with a paralegal to see what options are available to you.

It is unlikely the charges would just be dropped, but if you agree to plead guilty the Crown may be willing to suggest that the Courts impose a reduced fine. You'll also want to speak with the Justice of the Peace at sentencing to explain your financial situation in hopes of further consideration.

Your first date on the summons will not be for an actual trial, but rather to see how you wish to proceed with the charges and set a new date. Typically you would have an opportunity to speak with the Crown in private on this date, but I'm sure more experienced persons could confirm this.


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Simon Borys
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by: Simon Borys on
Tue Feb 08, 2011 6:26 pm

There is no "best way" to do anything in law. It always depends on the facts of your particular case. As was said above, you are facing some serious charges and a paralegal or lawyer would likely be able to assist you in figuring out how the law applies to your facts and what your best options are.

Sorry to give such a general answer, but you've asked a general question
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.




Stanton
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by: Stanton on
Mon Feb 14, 2011 11:01 pm

lyndenki wrote:i dont understand why they are classed as serious . no one has been injured, these are administrative screw ups, doesnt mean your a bad driver
They're serious because even on a first offence, the combined fine is a minimum $6,000 plus an additional 6 month suspension. There is also the possibility of jail time.
Due to the serious consequences of the charges, even if the defendant doesn't show up, the Court will still run an ex parte trial. With most regular charges under the HTA if you fail to show you're simply assumed guilty.

I wouldn't describe either as administrative errors. Forgetting to renew your plates on time or leaving your insurance slip at home, those are honest mistakes.




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