Disqualified / Suspended? driving while...?

freespeech
Newbie
Newbie
Posts: 2
Joined: Wed Jan 12, 2011 12:23 am

Disqualified / Suspended? driving while...?

by: freespeech on
Wed Jan 12, 2011 12:52 am

So my son (6) on his bike looks both ways, doesnt see the suv, then starts to cross, all of a sudden was hit by the suv, flew about 40 feet away, got stuck under a compact car across the street, the guy got out of the suv, seen my son under a car, left him there, left his suv there but ran. the police later find him and charge him with fail to remain and driving disqualified. whats the difference between suspended and disqualified? and why was he not charged with hit and run? not to mention the guy was drinking too, but didnt blow over so got off on that one

yes my son is lucky to be alive... he sustained serious injuries. was flown to a childrens hospital, has suffered brain injury and more.


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Wed Jan 12, 2011 6:13 am

First off, from reading this my thoughts and prayers for your son, you and your family.

Driving under suspension = Driver licence suspended by Province of Ontario for an offence under the a provincial statue, most often HTA (unpaid fines, fail to pay child support, demerit points, provincial court ordered due to provincial offence, medical reason or legislated for a certain convictions)

Driving Disqualified - Driver licence prohibition by Canada and it is a criminal offence. When someone is comvicted of impaired driving or dangerous driving or flight from police they are then given a penalty, prohibiting them from operating any motorized vehicle (car, boat, riding lawnmower, golf cart etc..) in Canada

Hit n run = USA What we have here is "Fail to Remain" which can be laid via Criminal Code and/or HTA.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
admin
Site Admin
Site Admin
Posts: 1091
Joined: Tue Nov 13, 2007 4:04 pm
Location: Ontario, Canada
Contact:

Posting Awards

Moderator

by: admin on
Wed Jan 12, 2011 11:11 am

Sorry to hear that...I hope the driver gets in a lot of trouble.

My thoughts and prayers for your son and your family in this time of pain and suffering you guys are going through.


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Wed Jan 12, 2011 1:44 pm

I am very sorry to hear of this. My deepest sympathies. I wish your son the speediest recovery.

As for the offence, as hwybear says, a "disqualified" driver is someone who has had his/her licence revoked for a criminal matter. There's really two stages in your driving privileges: Being qualified to have a licence, and keeping the licence valid (so to speak). I guess one way to look at it is that a suspension means that you are qualified to have a licence, but you did not fulfill the terms/conditions (e.g. too many tickets, etc), so your licence is not valid. Disqualified means you cannot hold a licence and cannot drive, period, and it is a Canada-wide prohibition.

Driving disqualiifed is much more serious than driving suspended.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Post Reply
  • Similar Topics

Return to “Driving While Suspended”

Who is online

Users browsing this forum: No registered users and 1 guest