Court Date Approaching- What options do I have?

gt0ro
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Court Date Approaching- What options do I have?

by: gt0ro on
Sat Nov 28, 2009 11:57 pm

Hello,

I have my court date approaching on Dec 9th. My violation was driving with an expired licence (couple of months overdue). I understand this is a quite black and white charge but just found out recently that it might affect my insurance premium? At the time of my of my licence renewal, I was haivng some problems with my with a neighbour of mine (we live in the same building with the a shared mail box) so I suppect I "lost" my renewal notice.

Anyways, I did apply for disclosure a couple of weeks after my ticket was issued (Feb 28th) and I did renew my licence 2 days after (they were closed on sunday). On the disclosure request, I did not leave a phone number but asked to be contacted by mail. I read a couple of other posts in this forum stating that I might have to go to the office of the prosecutor(Markham Courthouse) to see if the disclosure package is ready?

Also, I have been so busy with school that I totally missed the 20days needed to apply for the 4F charter (the one to ask for a stay). Is there any option left for me to do?

When I get to court, should I just ask for a lesser charge from the crown? What if the officer does not show up? Will the case likely be thrown out? What can I do now and is there anyway to avoid or at least lower my $300 fine and increase in insurance premium?

Thank you for any help!


OTTLegal
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by: OTTLegal on
Sun Nov 29, 2009 6:43 pm

You don't need the disclosure for an expired drivers license ticket. Most times if you come to court with your license renewed and up to date the prosecutor will drop the charge for you.

Arrive at the court at least about 15 mins before it starts, look to see either the police officer or the prosecutor, tell them that you are there for your trial but you have your license and it has been updated. Have the license available to show the officer/prosecutor.

99% of the time they will drop the charge against you.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


gt0ro
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by: gt0ro on
Sun Nov 29, 2009 11:17 pm

Thanks for your advice. I am a lot more relieved now.

However, I would also like to prepare for the worse. Is there anything I should do if the prosecutor does not drop the charge? Anything I can do? Take a plead bargain or plead not guilty?


Off_Camber
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by: Off_Camber on
Wed Dec 02, 2009 7:17 am

not to be fecicious, but what does your mail box have to do with your licence expiring?

if you look down the fourth column on your licence card:
4b Iss/DEL 4b EXP/EXP.

it clearly states WHEN your licence expires
and more than likely it was on your birthday..

dont shoot the messanger---im only making a statement that may come up on cross examination.

and your rebuttal is going to be

" i never get pulled over by the police your worship, my licence hasnt been out of my wallet in Yeeeeears." must mean im an exceptional driver,,, even my wife forgot my birthday"... :lol:


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Squishy
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by: Squishy on
Sat Dec 05, 2009 7:43 am

My licence doesn't expire on my birthday, I think that is just for the plate stickers. Mine appears to expire on the day I was issued my G1.
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hwybear
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by: hwybear on
Sat Dec 05, 2009 8:34 am

G1... G2 - good for max 5yrs.....those instances might be where it expires other than on a birthday (pending when the person actually passed the licence).....but in those times, most people are on the game and want to advance their licence and known the expiry. Once a G it is supposed to be readjusted to the birthday. After that they are all on the birthday as the birthday aspect comes as you reach the blue hair era...with more mandatory testing when you reach age 80.
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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Squishy
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by: Squishy on
Sat Dec 05, 2009 9:36 pm

OH I never even checked my new licence. I was going by the old May 26th expiry from my G1/G2, looks like Off_Camber is correct.
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