Charged help quick court date is tommorow!!!!

ggill
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Charged help quick court date is tommorow!!!!

by: ggill on
Wed Nov 24, 2010 7:28 pm

To make a quick story short I got a speeding ticket, and while issuing the ticket the officer charged me for driving without a license. I told him I was unaware of the charge. He told me I have 20 minutes to get a driver their to pick up my car otherwise it will be towed.

As I had no idea that I had to pay a fine I went home and lo and behold I open my mail and theres a letter Notice of Suspension: but on the bottom of the envelope is the date it was sent out it said Oct 13 2010 I was charged on Oct 15 2010 is there anyway around this??

Also he gave me a ticket for speeding which was separate from the charge, so my court date is on an another day for the ticket.

Please help quick as tommorow is my court date

Thank you


xjonathan
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by: xjonathan on
Wed Jan 05, 2011 12:38 am

Despite the answer being far too late...the answer to this would have been, 'Yes, you have a defense'. Read the HTA carefully.

Your license was suspended under Section 46. Regulations regarding the notification of said suspension are found in Section 52:
Service of notice of licence suspension
52. (1) Where a person’s driver’s licence is suspended, notice of the suspension is sufficiently given if delivered personally or,
(a) in the case of a suspension under section 41 or 42, sent by registered mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry;
(b) in the case of all other suspensions, sent by mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry. 2000, c. 26, Sched. O, s. 4.

Deemed date of service
(2) Notice sent by registered mail under clause (1) (a) or by mail under clause (1) (b) shall be deemed to have been given on the seventh day after the mailing unless the person to whom the notice is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice. 2000, c. 26, Sched. O, s. 4.
Basically...you're not considered 'served' until 7 days after the mailing. If the date on the Notice of Suspension is the 13th, and you were charged on the 15th, you're clearly within that 7-day window.


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