while pulling out of a local tim hortons this past friday i was follwed and subsequently pulled over by durham region police. the officer informed me that he was sitting in tim hortons randomly running plates and it came up that my licence was under suspension. when i questioned the officer he said " ya it is under suspension for unpaid child support and an unpaid fine" i had absolutely no idea that my licence had been suspended. i had never recieved any notice at all !! the officer gave me two supeonas for driving under suspension !! i guess my question is two fold. 1. how can i be supeoned when i didnt even know i was under suspension and 2. how can the officer just " randomly run plates" last time i checked we lived in a domocracy and had a charter of rights and freedoms !!! is the police allowed to just " randomly run plates" ? i am a law abiding citizen with no crimial history and honestly didnt know i was under suspension should the officer not have just advised me of the suspension and made me park the vehicle??
while pulling out of a local tim hortons this past friday i was follwed and subsequently pulled over by durham region police. the officer informed me that he was sitting in tim hortons randomly running plates and it came up that my licence was under suspension. when i questioned the officer he said " ya it is under suspension for unpaid child support and an unpaid fine" i had absolutely no idea that my licence had been suspended. i had never recieved any notice at all !! the officer gave me two supeonas for driving under suspension !!
i guess my question is two fold. 1. how can i be supeoned when i didnt even know i was under suspension and 2. how can the officer just " randomly run plates" last time i checked we lived in a domocracy and had a charter of rights and freedoms !!! is the police allowed to just " randomly run plates" ?
i am a law abiding citizen with no crimial history and honestly didnt know i was under suspension should the officer not have just advised me of the suspension and made me park the vehicle??
In Ontario the HTA is clear. All suspensions are deemed served after 7 days. As for family responsibility suspensions I highly doubt that you were not aware. It takes a lot of correspondence to get to that point and you knew you were not paying the child support. Yes police can randomly run plates and yes we do not need any reason to stop a vehicle other than to check DL, registration, and insurance. The thing that the officer did wrong is you can only be charged for driving under suspension once (unless they saw you drive, park get out and then drive away) even though there are multiple suspensions on the system. That is no biggie though as one of the summons will just be cancelled. OPS
In Ontario the HTA is clear. All suspensions are deemed served after 7 days. As for family responsibility suspensions I highly doubt that you were not aware. It takes a lot of correspondence to get to that point and you knew you were not paying the child support.
Yes police can randomly run plates and yes we do not need any reason to stop a vehicle other than to check DL, registration, and insurance.
The thing that the officer did wrong is you can only be charged for driving under suspension once (unless they saw you drive, park get out and then drive away) even though there are multiple suspensions on the system. That is no biggie though as one of the summons will just be cancelled.
OPS Copper, thank you for the info. I actually DID NOT know that the FRO suspended me. yes i fell behind a minimal amount in my child support ( $600.00) they had contacted me regarding the arrears. we came to an agreement to pay a little extra every month, which i was doing. after being pulled over and learning of the suspension i contacted the FRO to inquire about the suspension and was informed " well you didnt send it in in writting so we suspended you " so... although i was making the payments i failed to submit a form that i was never advised i needed to submit !!! and subsequently suspended. Also regarding the traffic ticket. i really dont know why i didnt recieve notice of that. i live in a split house with a number of mail boxes and my best guess is it either ended up in somelses box or......... well i just dont know !! i dont know if you've ever dealt with these ppl but they are completely unreasonable. I also paid the FRO and the outstanding ticket 4 hours after being pulled over ! i quess my main concern now is what punishment am i potentially looking at if convicted? my friend tells me that the court will take my licence for a year and a $1000.00 fine. i have a great job and am ok with the fine but i NEED my DL to keep my job Thanks again for your reply Bulldozer
OPS Copper,
thank you for the info. I actually DID NOT know that the FRO suspended me. yes i fell behind a minimal amount in my child support ( $600.00) they had contacted me regarding the arrears. we came to an agreement to pay a little extra every month, which i was doing. after being pulled over and learning of the suspension i contacted the FRO to inquire about the suspension and was informed " well you didnt send it in in writting so we suspended you " so... although i was making the payments i failed to submit a form that i was never advised i needed to submit !!! and subsequently suspended.
Also regarding the traffic ticket. i really dont know why i didnt recieve notice of that. i live in a split house with a number of mail boxes and my best guess is it either ended up in somelses box or......... well i just dont know !! i dont know if you've ever dealt with these ppl but they are completely unreasonable. I also paid the FRO and the outstanding ticket 4 hours after being pulled over !
i quess my main concern now is what punishment am i potentially looking at if convicted? my friend tells me that the court will take my licence for a year and a $1000.00 fine. i have a great job and am ok with the fine but i NEED my DL to keep my job
The maximum penalty you could face would be a $5000 fine and 6 months in jail, although I doubt they will be that hard on you considering this is a first offence and you have already taken steps to resolve the issues that lead to your suspension. Your licence will also be suspended for an additional 6 months. When you do get your licence back you can also expect a pretty big jump in your insurance costs. If you can afford it, I think it might be wise to consider hiring a paralegal to represent you given the serious nature of the charge. They might be able to mount a defense to the charge or at least plea-bargain it down to something less serious.
The maximum penalty you could face would be a $5000 fine and 6 months in jail, although I doubt they will be that hard on you considering this is a first offence and you have already taken steps to resolve the issues that lead to your suspension. Your licence will also be suspended for an additional 6 months. When you do get your licence back you can also expect a pretty big jump in your insurance costs. If you can afford it, I think it might be wise to consider hiring a paralegal to represent you given the serious nature of the charge. They might be able to mount a defense to the charge or at least plea-bargain it down to something less serious.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
Drive under suspension
