Advice Needed

steve
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Advice Needed

by: steve on
Tue Dec 08, 2009 7:18 pm

I have been charged with driving under suspension due to medical reasons, It was suspended in Mar and In apr I got a new car put it on the road and the License Breau said nothing to me to let me know it was still suspended. I have been to court 2x for this matter first time I asked for adjurnment to seek a resoultion, 2x I went I ask for another adjurnment to seek a resolution because the CA had no time to talk to me and said If I wanted to contact them to fill out a form for it to be screened by the ca office. I cannot afford $1000 and 6 mnths further suspension I just got it all cleared back in oct I have no previous infractions criminal or driving so a clean record lol. I am on social assistance and cannot afford a paralegal What do I do if the CA doesnt want to reduce or remove the charge??

Thank You




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by: steve on
Fri Dec 11, 2009 4:20 pm

The offense too place on oct 2nd in Crystal Beach On. My DL was reinstated from medical suspension on oct 26th. I filled out a Screening request form on nov 24 Have heard nothng back and I filled out another one yesterday. I go bac for a 3rd time for a another set date on the 14th of dec


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by: Traffic Law on
Fri Dec 11, 2009 5:51 pm

See if prosecution is in the position to resolve this matter to "Drive motor vehicle - No license" - $260 fine, no suspension.

If you are convicted of Drive Under Suspension - 6 months suspension will follow automatically.


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by: steve on
Mon Dec 14, 2009 2:19 pm

I went back to court today and received the charge screening form, The prosocuter will not reduce the charge and ntendes to pursue the Drive under suspension charge. The CA will not speak to me with out a lawyer and I cannot get legal aid or duty council for this because it doesnt invole jail time. I have a clean Driving Record and No Criminal record. I dont no what to do? I have to go back on the 25th of January to either now plead quilty or set a date for trial. What should I do??? Can anyone offer any advice?




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by: steve on
Fri Nov 05, 2010 11:10 pm

So I finally Settled this matter or so I thought on the advice of the officer who was very nice to me and advised me that my evidence i had would not help me win since the date of the infraction my paper work was still under review. So I pled quilty the Judge reduced my fine in half and gave me time to pay, He also said there was no need to suspend my license more and the officer told me that he was surprised that the judge didnt invoke further suspension, Now I get a letter stating your SOL for 6 months, So my question now is how can the court say one thing and now the MTO say another??? What options do I have. For the record I am not going to drive untill this is settled once is enough


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by: hwybear on
Fri Nov 05, 2010 11:52 pm

The HTA specifically states that once a conviction is registered for driving under suspension a suspension of 6 months is imposed.
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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by: steve on
Sat Nov 06, 2010 12:05 am

So your saying the Justice of the Peace has no authority when it comes to the HTA?? So there is no way to appeal even of losing my DL will prevent me from working


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by: Traffic Law on
Mon Nov 08, 2010 4:45 pm

You are correct. Justice of the Peace has no authority re: demerit points, suspension (in some cases suspension is discretionary and Justice may not want to impose it.), etc. This is function of MTO. In your case suspension was mandatory by operation of the section. At the time of you entering guilty plea you should have been arrained and caution read to you re: suspension as prescribed by statue. This may be a ground for an appeal.

P.S. - Do not EVER rely on advice from people who are not Legal Professionals. Most of the time the information is not reliable and can have great consequences as in your case. Always obtain FREE LEGAL ADVICE before you decide your options.


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by: steve on
Wed Nov 10, 2010 7:40 pm

How do you file an appeal is it going to change the outcome of the reduced fine and payment plan? I can't afford it as it is. What is the best option? Am I going to be able to renew my sticker come dec I am still paying the insurance on the car with my wife driving.


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by: Traffic Law on
Thu Nov 11, 2010 9:28 pm

You should not look at the appeal as another crack at the case. There is LEGAL requirement for taking pleas and being aware of consequences. That is all I have to say without giving legal advice.
In the alternative, you can still have your sticker renewed and your wife drive you arround.


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