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 will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
Drive under suspension
