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Ontario Highway Traffic Act

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tall order 2 no Insurance, supended 10 yrs ago
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PostPosted: Fri Mar 19, 2010 1:20 pm 
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I know i'm screwed, but how much??

10 years ago got 2 driving with no insurance, and afterwards lisc got suspended.

Then pinned with driving while suspended.

i haven't done anything with them and lost my lisc back then. I need to start driving legally again because of work. how do i look up my driving record now? and will stuff 10 years ago still show, or be sort of out of range to have to deal with anymore?


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PostPosted: Fri Mar 19, 2010 1:27 pm 
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Have you paid all of your fines? If so, the only issue should be a licence reinstatement fee. To get started, you can either order a transcript of your licence, or you can call MTO directly. If your fines have not been paid, you cannot get your licence back. MTO's Driver Improvement Office may be contacted at 1-800-303-4993 or via e-mail at driverimprovementoffice@ontario.ca

Police can see your full driver history. MTO's "official" records (that insurers can see) go back usually 3-7 years, depending on the offence. Demerit points last for 2 years. Ordering your driver record would show you what's there, though.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Fri Mar 19, 2010 2:03 pm 
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Radar Identified wrote:
Have you paid all of your fines? If so, the only issue should be a licence reinstatement fee. To get started, you can either order a transcript of your licence, or you can call MTO directly. If your fines have not been paid, you cannot get your licence back. MTO's Driver Improvement Office may be contacted at 1-800-303-4993 or via e-mail at driverimprovementoffice@ontario.ca

Police can see your full driver history. MTO's "official" records (that insurers can see) go back usually 3-7 years, depending on the offence. Demerit points last for 2 years. Ordering your driver record would show you what's there, though.


Thanks for the reply.
No, never paid fines, and never got lisc fixed. So if i go and jst give my name at mto they will pull it, and i hop that some charges are missing?

That my best start? Friends tell me the 2 insurance fines are $5000 each... even if 10 years ago?

thanks


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PostPosted: Fri Mar 19, 2010 3:46 pm 
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Your licence will remain suspended until all outstanding fines are paid. The first step is taking care of that.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Fri Mar 19, 2010 3:54 pm 
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Radar Identified wrote:
Your licence will remain suspended until all outstanding fines are paid. The first step is taking care of that.



'Affraid that was the answer. I i was told i can go get them reopened, and get disclosure? that true?

Anyone know that proceedure?
Can i just go down with my name to the courthouse?

these were all between 5-10 years ago, so no doubt the 2 no insurance are $5000 even that long ago?

again thank you guys.. specifically you Radar Identifier


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PostPosted: Sun Mar 21, 2010 2:43 pm 
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JC wrote:
Radar Identified wrote:
Your licence will remain suspended until all outstanding fines are paid. The first step is taking care of that.



'Affraid that was the answer. I i was told i can go get them reopened, and get disclosure? that true?

Anyone know that proceedure?
Can i just go down with my name to the courthouse?

these were all between 5-10 years ago, so no doubt the 2 no insurance are $5000 even that long ago?

again thank you guys.. specifically you Radar Identifier



Could anyone comment on if i can get my info?
thanks.


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PostPosted: Mon Mar 22, 2010 5:35 pm 
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Insurance charges are the easiest for us to charge and prosecutors to win.

We charge based on no or expired card or statements.. The owner now has to prove they had insurance.

Not sure what opening or disclosure would bring you. It is not a gray area. You either had insurance or you did not.

I am willing to bet that there is more than a 5k fine. That is for the first offense. The next is more..


OPS


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PostPosted: Mon Mar 22, 2010 7:31 pm 
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Just to add to what OPS Copper said...

In this case, the only way to beat this particular charge is to show up with a letter from your insurance company (or an agent of said company) that proves that you had insurance at that time you were charged. Literally. That is the ONLY way to do it. The question is, did you have insurance at the time, or not? If the answer is no, don't waste your time and money trying to go through the courts.

Re-opening a case from 10 years ago is almost certainly not going to happen. An appeal won't work either, because it sounds like you failed to respond to the charge, which means you have no avenue for the appeal. Either the JP at the original trial(s) would have had to have erred in fact or erred in law. Because you did not respond, that didn't happen. Even if the impossible were to happen, it can take up to a year for the courts to hear you. During that time, your licence will remain suspended.

The only way to start fixing this is by calling MTO...

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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PostPosted: Mon Mar 22, 2010 7:48 pm 
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Location: In YOUR rearview mirror!
i also don't think you can reopen 10yr old charges...if so everyone would do that hoping the officers retire/moved out of the country or are deceased.

If the charge(s) is that many years old...it probably is around $300-$1000 for each offence of no insurance....the $5000 came in about 4yrs ago.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Tue Mar 23, 2010 10:11 pm 
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hwybear wrote:
i also don't think you can reopen 10yr old charges...


Yeah, 10 years is far too late...

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Getting your drivers licence back
PostPosted: Wed Mar 24, 2010 8:30 am 
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Here is how to get your drivers licence back.

The fines never go away. If you continue to drive you risk the chance of getting stopped and charged with Driving While Suspended by the police. If you are charged with this you can go to jail for 6 months. Also if you get into an accident you have no insurance, and risk getting sued, it just gets worse.

The thing to do is to start paying the fines. You can go on a payment plan and pay about $100 per month to the court and they will give you your licence back. You have to do a "Motion to Extend the time to pay a fine". The court will want a down payment on the fines of about 10%.

Then if you want you can appeal the fines and ask for the judge to reduce the amount of the fine. In the meantime you get your licence back, and you dont put your self at further risk by driving under suspension.

You can either do this process yourself or any competent paralegal can do this for you.

- as with any legal issue - speak to someone who has training and experience, there is a reason why we hire professionals in Ontario, e.g dentists, accountants, carpenters, gas installers. Yes you might be able to do these jobs, but it makes sense to have it done properly...

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Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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PostPosted: Wed Mar 24, 2010 2:01 pm 
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hwybear wrote:
i also don't think you can reopen 10yr old charges...if so everyone would do that hoping the officers retire/moved out of the country or are deceased.

If the charge(s) is that many years old...it probably is around $300-$1000 for each offence of no insurance....the $5000 came in about 4yrs ago.


Anyone have the exact date that the amount
changed? My friend paid just off his offense from back in 2001 and was over $6000 with the surcharge and all noting shows on his abstract of the no insurance.


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PostPosted: Wed Mar 24, 2010 4:00 pm 
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I don't believe CAIA offences go on your driver abstract... but I could be wrong. They certainly affect your licence validity, though, if you fail to pay the fines.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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CAIA
PostPosted: Wed Mar 24, 2010 7:01 pm 
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CAIA charges go on your driving record for 3 years just like any other traffic ticket.

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Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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PostPosted: Wed Mar 24, 2010 8:22 pm 
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OTTLegal wrote:
CAIA charges go on your driving record for 3 years just like any other traffic ticket.


Well, there you go.

The last point where the "no insurance" would've been on your friend's record is 2004.

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