DRIVING UNDER SUSPENSION-1st offence

katherine68
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DRIVING UNDER SUSPENSION-1st offence

by: katherine68 on
Sat Apr 28, 2012 7:31 am

Just after midnight this date...my son (who is 21) pulled into our driveway and shut off his vehicle, moments later, a police car/officer sounded his siren and flashed his lights. i watched from the kitchen window and heard the police officer state to my son 'did you know you were driving with a suspended license'. i overheard my son say he paid the fine online. long story short, my son paid an overdue fine online when he got a notice in the mail his license was suspended for same. he had forgotten about the fine so paid it immediately. what he didn't realize was that he had to pay the reinstatement fee of $150 as well. until last night, he wasn't aware of it. the officer then approached the house and told my husband and i that our son was 'pulled over' for a routine traffic stop (in our driveway) and he asked us if we were aware our son was driving with a suspended license? i told him that our son told us about it and paid the fine online. the officer then stated that our son was being 'detained' at the moment, but not arrested until they could confirm with MTO his payment, as my son couldn't find his license. after TWO HOURS in our driveway in -4 degree weather, the police officer let our son come inside and left, after issuing him two tickets and a court date (failure to produce license and driving while suspended). curiously, the initial reason our son was 'pulled over' was because his 'rear license plate light was out'. to add...he had a trainee with him. this seems like overkill to me once it was verified that my son in fact had his license suspended for an unpaid fine. my son is just finishing his last week of college/apprenticeship as a motor vehicle tech and will be fully licensed after his exam. thanks to a light being out on his plate, his whole career at the age of 21 may now be lost. what is wrong with this? i understand our son made a mistake, by not realizing the $150 fee...but isn't this a bit much? he has done nothing else wrong?


Stanton
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by: Stanton on
Sat Apr 28, 2012 10:50 am

If your son had already paid off his fines at the time of the stop, he should no longer be suspended. Until he pays the reinstatement fee, he would still be unlicensed, but that’s much less serious than being suspended. He either didn’t pay off all of his fines or the MTO didn’t receive notice of the payment for some reason.

I’d suggest your son approach the Crown on his first attendance date. He should bring proof of fine payments as well as his valid licence to show he’s taken care of everything. If he has a clean record and is polite, I’d say a plea deal is quite likely. It’s not uncommon for first time offenders to be offered a plea to a lesser offence of driving with no licence. It would be a fine, but no additional suspension and much less serious in the eyes of insurance providers.

If no deal is offered, it’s probably worthwhile for your son to have a paralegal review his case.


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by: Radar Identified on
Sat Apr 28, 2012 2:47 pm

I agree with Stanton here, however I would recommend talking to a paralegal or traffic lawyer ASAP. Most of them offer free consultations. The ticket for failing to produce his licence will probably stick, but that's not that serious. The "drive suspended," particularly over a $150 reinstatement fee, will probably end up being Drive with No Licence. Drive Suspended is serious business, but Drive with No Licence really isn't.
* 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


katherine68
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by: katherine68 on
Sat Apr 28, 2012 5:34 pm

thank you very much for your input...my son paid the $150 fee today at the MTO and she said that if there is a fine outstanding (as nothing showed on their system) he would be wise to visit the court office on monday to pay any fine. within four days he can be reinstated. as for the court date (in june)..still not sure what to do other than explain what happened and hope he is granted some leniency as this is his whole career just starting out. could you please clarify for me though that if the fine (if it still exists) is paid monday and the mto reinstates his license..he's okay to drive until the court date or no? i just don't want him ending up in any more trouble as he had left the military to get his ticket (veh tech license) and is in the process of reenlisting...this surely is a tough way to learn a lesson, but a lesson all the same. i just feel bad because he's not a menace driver..just doesn't pay attention very much to paying his bills--motherhood is a forever job..thanks again.


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by: Radar Identified on
Sat Apr 28, 2012 6:43 pm

Once MTO re-instates him, he is good to drive until the court date.
* 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


katherine68
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by: katherine68 on
Sat Apr 28, 2012 8:25 pm

well that's a relief...he really has spent so much time on his apprenticeship and financially it's been hurting him not to be able to work full time because of school...i certainly hope that the courts will give him another chance. i appreciate the peace of mind.


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