What happens to demerit points while matter is under appeal?

HTARep
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What happens to demerit points while matter is under appeal?

by: HTARep on
Tue Jun 15, 2010 12:46 pm

Can anyone tell me what happens with the driver's abstract while the matter is under appeal? (The fine has been paid and the appeal has been filed.)

Would the appeal be noted on the driver's abstract? Will demerit points apply?

Thank you very much.


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hwybear
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by: hwybear on
Tue Jun 15, 2010 1:45 pm

HTA OREG 339/94
5. (1) If a person convicted of an offence set out in Column 1 of the Table appeals the conviction and notice of the appeal is served on the Registrar, the conviction and the demerit points related to it shall not be entered on the person’s record unless the conviction is sustained on appeal

(2) If a conviction referred to in subsection (1) and related demerit points have been recorded prior to service of notice of an appeal on the Registrar, the conviction and demerit points shall be removed from the record, and any suspension imposed as a result of the conviction shall be stayed, as of the date notice is served on the Registrar, unless the conviction is sustained on appeal
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Biron
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by: Biron on
Fri Jun 18, 2010 12:37 pm

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Hi Bear:

Kudos to you! Not everyone knows this stuff.

Under 199 (3) of the HTA, a police officer has to forward an MVC report to the Registrar. How do you do that? By what means?
hwybear wrote:HTA OREG 339/94
5. (1) If a person convicted of an offence set out in Column 1 of the Table appeals the conviction and notice of the appeal is served on the Registrar, the conviction and the demerit points related to it shall not be entered on the person’s record unless the conviction is sustained on appeal

(2) If a conviction referred to in subsection (1) and related demerit points have been recorded prior to service of notice of an appeal on the Registrar, the conviction and demerit points shall be removed from the record, and any suspension imposed as a result of the conviction shall be stayed, as of the date notice is served on the Registrar, unless the conviction is sustained on appeal
Cheers.
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..


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hwybear
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by: hwybear on
Fri Jun 18, 2010 8:07 pm

Thanks Biron,

I think my knowledge of the HTA and Regs comes from doing strictly traffic for over a decade. When I find a situation I look it up. I try to play "defense-in-my-head" for every offence to shut down all the avenues of "escape" if you will. Plus I learn from this site of all the questions that officers could possibly be asked, thus I try to shut those avenues down with better note taking. Plus I have coached 3 new officers, to which I grill them on HTA stuff, and add in the weird, unique things that I dig up for them. (ie: what is the length of a school bus pedestrian-study safety crossing arm?)

*****
MVC reports - I submit to shift supervisor for approval, then shift supervisor puts the TR into the "steno" tray for filing. I am not sure how the MTO/registrar gets the TR, whether they are scanned and emailed, mailed a photocopy, or even if stenos have an access to directly input the date to the registrar. I know we do have the orginals thou.
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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