driving under medical suspension without knowing HELP

Dustyn32
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driving under medical suspension without knowing HELP

by: Dustyn32 on
Wed Mar 30, 2016 2:58 am

This is kind of a long story, but I will try to make it short. This started 10 years ago when i had a seizure. I had my licence suspended medically and I went through a bunch of red tape to have it reinstated and found out i have a genetic disorder. I saw a neurologist and he sent info to the ministry regarding my situation. I have a genetic disorder, but because I always knew the day before
that i was going to have a seizure I never drove and that with medication i was good. I haven't had a problem in 10 years. recently, I had a seizure, and like always, I didn't drive that day but I was with a friend and he brought me to the hospital. the er doc said he had to notify the ministry about the seizure and i explained the situation and that the ministry already is aware of the conditon. So it ended there. 5 months later while driving home from work i stopped by a police officer and told that my license was suspended for medical reasons 4 months ago. I recieved no information telling me that i was suspened from the ministry and had no idea. I told him this happened over 10 years ago and it was all straightened out and that's the only suspension i was ever aware of. He gave me a ticket for driving under suspension and i had a friend come and drive me home. So i called the ministry to find out what was going on. i have not had a seizure in 10 years and told them they had the information regarding my condition. I was told that yes they have that info and i should have recieved a notice stating that they need recent info on condtion or I would be suspended and it should not have been suspened in the first place! i recieved nothing from them at all and they had to resend info of suspension. I was told because the er doctor did not specify that it was a pre existing condition after I told him the whole story, that is where the mix up occurred. I had to resubmit the reg forms for conditon all over agian. I have done this and am still waiting as they say it will take another week or so to find out. Went to court today and i was told by the prosecutor that not being notified is not a defense and means nothing! Also, it doesn't matter what the ministry said that it shouldn't be suspended I am still facing the charge! Obviously, if I had known it was suspended I would never have been driving i would have gotten the proper forms and never drove in the first place until it was resolved. I have no idea what to do! i put the date over to seek a lawyers help. How can I be charged for something i had no knowledge of!? I dont know what to do. right now I am waiting for license to be reinstated then i am thinking about appealing the suspension as i was not supposed to be suspended in the first place. Is this something i can do? has anyone heard of similar cases or know what i could do? any help would be appreciated. also, I was told by a paralegal that i would have to get the charge reduced to driving without a license. I cannot afford to get a lawyer to even help with situation. so this is all really confusing.


jsherk
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by: jsherk on
Wed Mar 30, 2016 8:33 am

I would try to get a letter from the Ministry that says the suspension should not have happened. This is your best defense.

Our great unjustice system will not consider the fact that you just "did not know it was suspended" a defense. However a note from the Ministry could help considerably.

And remember that sometimes the Justice of the Peace may actually be more reasonable than the prosecutor, so if the prosecutor insists on pressing forward with the charge and you are found guilty, when it comes to sentencing (amount of fine, etc) you can request the JP consider a suspended sentence based on the situation.
+++ This is not legal advice, only my opinion +++


argyll
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by: argyll on
Wed Mar 30, 2016 1:18 pm

With other suspensions you are 'deemed served' 7 days after they mail a letter to you. If they are saying that they never actually mailed you anything telling you that you were suspended then I would think there is no way that they can get a conviction. However if they are saying that they did mail it then you will have a problem.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Dustyn32
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by: Dustyn32 on
Fri Apr 01, 2016 7:04 am

well they told me that they did mail it out but i never received anything. I told them i would like them to resend it out and i got it the second time. But the ministry told me i should have never recieved the suspension in the first place as it was a medical condition for which they already have the documented info from the first doc that
stated it does not effect my ability to drive because I am aware of it ahead of time. So I am thinking of going to appeal the suspension in the first place that way i would not be suspended to begin with; therefore, they would have to throw it out. I am assuming if i win the appeal.


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