I am going to court with my father, who was in a small accident, for the first time in 40 years, and the officers wanted him to do all the written test, driving test and medical tests, probably due to his age. He was in the process of this, and had been given 60 days to do this. There was 3 weeks left of the 60 days, and he was pulled over for driving with a suspended license. It was not. He paid a $400 towing charge, and has not been able to drive for these 3 weeks. We go to court in about 40 hours. My brother has been handling this ( but wasn't) , and is going to Florida instead. So I just read, that in the Ontario courts, we have to write to present evidence 15 days ahead of time. We also are supposed to be able to see the officers comments, wondering where we could get these comments at this late date? thanks for you last minute help. I have to learn and put this together very quickly.
Accused of driving on suspended license, yet it was not suspended for 3 more weeks
-
Left_Turners_R_Toast
- Newbie

- Posts: 8
- Joined: Sat Feb 13, 2021 7:03 pm
Re: Accused of driving on suspended license, yet it was not suspended for 3 more weeks
Although I'm no expert, it's quite possible in Ontario that --when you are involved in any accident and the attending officer flags you for a retest-- your D/L automatically gets suspended, and reinstated only once you've met all the conditions.
By-far the most inconvenient and time-consuming among the retest conditions is having to be seen/assessed by a Healthcare professional who has been qualified by MTO to vouch for patients on such matters. Medical Doctors ("MD's") can obviously do this however they are allowed to and may elect to, send your Dad to a clinic where he will be seen/assessed by, a licensed Occupational Therapist ("OT"). The latter have special training in cognitive & other basic skills which people --of ANY age-- are deemed to require, in order to competently do and accomplish certain daily and routine activities (such as driving). My wife happens to be an OT so you can trust me on this.
My hunch is that your only ace in the hole is to plead ignorance to the J.P. in traffic court, based on your Dad not having been clearly informed of the situation. The attending officer should have been well-aware that s'one like your Dad would/could still be in a somewhat shock'ish state even well-after the actual event- and thus should have taken steps to make absolutely sure your Dad understood what was happening. The tip-off here might have been that --if your Dad's vehicle was still driveable-- the officer ordered a tow truck anyway, given the absence of another licensed driver who could take-over. I'm not sure if the officer is required to give drivers the option of calling for their own tow, or required to allow on-the-spot suspended drivers to summon another licensed driver for assistance. If it is officer's discretion to do so, then this person was either busy and/or just choosing to be lazy.
Cheers
Left_Turners_are_Toast
Re: Accused of driving on suspended license, yet it was not suspended for 3 more weeks
I've learned more about this situation, and you were sort. of correct, in. a number of ways.
Similar Topics
-
-
-
-
-
Can a paralegal charge more if case becomes more involved?
- Posted in General Talk
- By UnluckyOne on
- Replies: 1
-
-
-
-
- requested disclosure 6 weeks ago, not received, court tomm..
- Posted in General Talk
- By paradigm on
- Replies: 5
-
-
-
-
-
-
-
144(18) disclosure troubles ..trial is about 6 weeks away.
- Posted in Courts and Procedure
- By CumminsDiesel on
- Replies: 3
-
-
-
-
- My court date is coming up in 2 weeks!
- Posted in Failing to obey signs
- By Daniel312 on
-
-
-
- Notice of Trial was stamped 5 weeks before trial.
- Posted in General Talk
- By shankeith on
- Replies: 2
-
-
-
- Not yet got the disclosure
- Posted in Backing on a highway
- By SidinBram on
- Replies: 9
-
-
-
- Disclosure not received yet - trial date soon
- Posted in Courts and Procedure
- By dinan on
- Replies: 1
-
-
-
-
- Driving While Suspended + More
- Posted in Driving While Suspended
- By Gordon M on
- Replies: 1
-
-
-
-
Fell asleep while driving yet safety measures were taken
- Posted in Careless Driving
- By xsmiley on
- Replies: 3
-
-
-
-
- G2 License expired more than 3+ year, during DUI suspension.
- Posted in General Talk
- By Muganara on
- Replies: 3
-
-
-
- Falsely accused of hitting a car while backing from driveway
- Posted in Compulsory Automobile Insurance Act
- By aasif_kamal on
- Replies: 2
-
-
-
- Falsely accused of hitting a car while backing from driveway
- Posted in General Talk
- By aasif_kamal on
- Replies: 31
-
-
-
- Accused of failure to slow
- Posted in Failing to slow and carefully pass a stopped emergency vehicle
- By xbekkaax on
- Replies: 1
-
-
Featured Topics
lift laws, bumper height laws, headlight height laws
hey all im lifting my 03 f350 crew cab..
and ive called 3 different local police stations with NO HELP AT ALL...
im wondering...
is there bumper height laws?
headlight height laws?
what is a headlight?? ( like can i put any light at the proper level and it be legal?? or does it have to be a certain…
Falsely Accused of Handheld Device Usage
Hi!
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly…
Radar Gun Error Code & Incomplete Disclosure
Hello,
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
The cop was using hand held radar,…
Fail to Stop for School Bus- Owner - 175 (20)
Hi everyone,
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a…
Prohibited Turn Sign Cannot be Seen
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
Novice Driver B.A.C Above 0%
heres the story
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…
Red Light Camera has extended delay for ticket
Hello Folks,
Well please confirm a couple of things.
1> Red Light Camera ticket is a "parking ticket" in essence, does not go on the record, so could just pay and forget.
2> Can early resolution, bring down the ticket fine, only reason would be excellent driving record, last 10 years. If…
Improper Left Turn: Harbor & Yonge St
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
How To Fight A No Seatbelt Ticket
The key ruling on fighting a seatbelt ticket is R. v. Kanda, 2008 and an example of it's application is R. v. Gupta, 2008.
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Have trial next week for Failure to Obey Stop Sign
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…