charged twice for same offence

aumanu
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charged twice for same offence

by: aumanu on
Sun Feb 02, 2014 9:50 am

i have 2 suspensions on my license. it was originally suspended for unpaid fine.
i was pulled over for driving under suspension, and the officer charged me for driving under suspension twice(2 different criminal charges).
How is this possible. Can you really charge someone twice for the same offence...and what can i do about it?




aumanu
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by: aumanu on
Sun Feb 02, 2014 1:00 pm

ok well i assumed because they are punishable by jail time they are criminal offenses.
it was suspended for fines, then suspended because i was driving under suspension.
this time, i was pulled over because i didn't have my headlights turned on, just running lights.
however he cited me with two charges of driving under suspension, one notice of suspension, and impounded my car for 7 days.
from what i can find on MTO web pages, the impound was illegal, the impound is supposed to be exempt from suspensions due to fines.
i just don't understand how they can lay two identical charges of driving under suspension for one incident of driving? that's not even double jeopardy, its like charging someone for robbing two banks when they have actually only robbed one


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Decatur
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by: Decatur on
Sun Feb 02, 2014 2:01 pm

Those are two distinctly different suspensions and the charges are appropriate for each.
The impoundment is also legal. Your vehicle was towed because your were subject to the suspension for the "drive while suspended" not the unpaid fine.
See this link to the MTO VIP program: http://www.mto.gov.on.ca/english/safety ... lity.shtml
It's not unusual to charge multiple counts in one incident.


aumanu
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by: aumanu on
Mon Feb 03, 2014 8:34 am

how is it not usual to charge someone for the same offense multiple times from one incident. its not 2 different charges. its the same charge twice from one incident.
that doesn't make sense.
and who are you, are you a lawyer, paralegal, or ex police officer?


devin98
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by: devin98 on
Mon Feb 03, 2014 8:42 am

aumanu wrote:how is it not usual to charge someone for the same offense multiple times from one incident. its not 2 different charges. its the same charge twice from one incident.
that doesn't make sense.
and who are you, are you a lawyer, paralegal, or ex police officer?
People are giving you advise on the questions your asked, please try not to be rude to them.


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Decatur
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by: Decatur on
Mon Feb 03, 2014 11:24 am

It is two different charges. You currently have two suspensions on your licence, from two different incidents. That results in two counts of driving while suspended.
Maybe you should stop driving until you get your suspensions finished and also seek some legal council if you decide to fight the charges.
Thanks devin98.


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