What length driving record will be relevant to prosecutor

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Unread post by Tazo » Tue Oct 23, 2012 12:07 pm

Hi there guys and gals,

So Im planning on representing myself in court to try and get an early resolution or a Racing a Motor Vehicle charge. Im trying to get my hands on a drivers abstract from the MTO so I can be absolutely certain about what the prosecutor will be looking at when he/she reviews my case. What Im wondering is, will the prosecutor be considering convictions beyond 3 years? Beyond 5 years?

Im debating whether I should order a 3 year or a 5 year abstract, so thats why I ask.

Thanks in advance for your help.

Re: What length driving record will be relevant to prosecuto

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Unread post by Decatur » Tue Oct 23, 2012 4:48 pm

Every case i've been to at court had the drivers entire extract. Right from day one of their driving.

Re: What length driving record will be relevant to prosecuto

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Unread post by Passing Thru » Tue Oct 23, 2012 10:33 pm

They will only be relying on a 3 year driving record, not back to the beginning of your record, unless you have criminal driving convictions related to driving, they will show up on the driving abstract presented at sentencing.

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Unread post by paul1913 » Tue Oct 23, 2012 11:41 pm

For disclosure I print FULL driving history and let the crown decide what they will use..

Re: What length driving record will be relevant to prosecuto

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Unread post by Passing Thru » Wed Oct 24, 2012 11:35 am

I have only ever used a 3 year record. It isn't one that I print out but one applied for through the Ministry of Transportation which is signed and Certified under their Seal. I have never heard of a court accepting a printed copy made by a Police Officer as an exhibit for sentencing. Although you are correct, the entire record remains forever I have yet to see a court consider it except for exceptional circumstances.

Re: What length driving record will be relevant to prosecuto

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Unread post by paul1913 » Fri Oct 26, 2012 10:27 am

I have seen them accept the record when not under sign / seal of MTO. I've seen the crown ask the defendant if that is their record, says yes, and gets passed up ....

Re: What length driving record will be relevant to prosecuto

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Unread post by Passing Thru » Fri Oct 26, 2012 1:28 pm

Certainly would make it easier for me but the Prosecutors I have wouldn't even consider it. If they see it isn't certified they will just hand it back and put in submissions as though it is the first offence.

Re: What length driving record will be relevant to prosecuto

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Unread post by VeraKeisey » Tue Oct 30, 2012 1:32 am

So you just go ahead, i second it.