caught speeding while licence suspended due to unpaid fine

kilroy776
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caught speeding while licence suspended due to unpaid fine

by: kilroy776 on
Sat Mar 26, 2011 11:47 am

hi im hoping you can help me
this morning i was pulled over for speeding "doing 103 in an 80 zone" when the officer ran my licence it came back suspended due to unpaid fine i have never recieved notice of licence suspension yet and live on a fixed income is there any way i can fight this or get it dropped and if not how will this affect me insurance "points" and money wise? do you know how much the fine will be for the driving under supension?? any help would be greatly appreciated ty


Stanton
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by: Stanton on
Sat Mar 26, 2011 12:08 pm

The fine for driving under suspension on your first offence is $1,000 to $5,000 and on a subsequent offence $2,000 to $5,000. There is also the possibility of up to six month jail time, but that's not common until a third or fourth offence.

You can argue you didn't receive a notice of the suspension, but if you didn't pay your fines there's an expectation you would be aware. The Crown may be willing to offer you a reduced charge if you agree to plead guilty. The JP may also give you extra time to pay if you explain your financial situation. The speeding charge probably won't have a major effect on your insurance, but the suspended driving charge will.








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Simon Borys
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by: Simon Borys on
Sat Mar 26, 2011 5:24 pm

To Stanton's reply I would add that you can argue that you never received the notice of suspension, but it is not required that you received it in order to be charged and convicted (s. 52 of the Highway Traffic Act).

Convictions for suspend drive are really bad for insurance so you may want to consider hiring someone to assist you. If you live in a city with a law school consider seeking assistance through their legal aid office (if you meet their financial criteria)
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Stanton
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by: Stanton on
Sat Mar 26, 2011 6:40 pm

kilroy776 wrote:or just plead stupid and guilty??
Even if you don't bother with legal representation, at least try talking with the Crown about a deal before you just plead guilty. They'll probably offer to reduce or drop at least one charge in exchange for a guilty plea. On a first offence I have seen drive suspend dropped to drive no licence, which is a much less serious offence in terms of fine and insurance implications.


kilroy776
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by: kilroy776 on
Sun Mar 27, 2011 9:26 am

Hello all, wondering if anyone has any help/advice...

I had an unpaid fine and the ministry suspended my licence. I paid the whole amount, and than got pulled over the next day. I was charged with driving with a suspended licence.

What is the best way to deal with these charges? The cop was telling me right away I should try to get them knocked down to getting charged with no licence. Who would I talk to?

As a side, the officer kept my licence. Can I get it replaced between now and my court date, or do I have to wait until after sentencing. I need my licence as I work in the trades, and have to be able to bring my tools with me from job to job.

this was another question by another user but lso applies to the situation .....can you drive immediatly after paying the fine and reinstatement ty to stanton and simon for your quick responses


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hwybear
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by: hwybear on
Sun Mar 27, 2011 9:13 pm

kilroy776 wrote:can you drive immediatly after paying the fine and reinstatement ty to stanton and simon for your quick responses
First pay the outstanding fine at court (possilby an municipal office), get a receipt which shows the payment, possibly one that shows a zero balance owing, plus should be a reference number
- then go to MTO with that document (with reference #) and pay the re-instatement fee, as far as I know the MTO would issue you a new "paper" licence right then and there.....a new photo licence card will then be sent to you from the MTO.
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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