Driving Under Suspension (for Dui)

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Joined: Fri Apr 27, 2018 8:49 am

Driving Under Suspension (for Dui)

by: Jenna539 on

As the subject states, I'm in a heap of trouble. I received a DUI last December, for which I have plead guilty and am in the process of completing my sentencing (back on track and the ignition interlock). In February, I asked my ex-husband if he could pick our child up from school and he declined, leaving me no choice but to drive to go get her. (In hindsight, I had choices like a cab or uber, but that's irrelevant now). While on route to pick my child up, my ex called the police to tell them I was driving under suspension, so they were waiting for me when I got back home. I was issued a summons for driving under suspension.

I went to court and apparently the officer who wrote the ticket failed to include some piece of information, so the judge declined to hear the case. They told me about the mistake and said that unless the police re-issued a new summons, they could not move forward. They said the police may or may not do this, only time would tell. Well, a month later, an officer showed up at my house with the new summons. The first time around, the prosecutors had NO interest in dropping the charge to a drive-without-licence, so I'm not holding out hope that they will this time around either.

I guess I'm here more for answers on how this happened. When an original summons is declined to be heard by the judge, what happens next? Do the police get a list of all those summon's that need to be re-issued? Does the prosecutor follow that up? I'm wondering if it again comes down to my ex. He has a friend who's an officer....and I'm sort of wondering if HE made sure the summons was re-issued, or if it would have been anyway.

Not that it matters to the faceless world of the internet, but as horrible as this whole thing sounds, I swear I'm a normal, upstanding citizen. I made one awful mistake and it's on the brink of ruining my life. Any advice or insight is greatly appreciated.

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Joined: Fri Jun 25, 2010 3:30 am

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by: argyll on

How the second summons came to be reissued is irrelevant to your situation. You have to deal with the fact that it has been.

There is nothing to stop you trying to plead your case for a no licence deal - you may get a different Crown or the same Crown in a better mood. You have nothing to lose by asking.

Other than that, you're going to be really struggling to do anything with this other than throw yourself on the mercy of the judge. I wouldn't expect to be driving anytime soon either through suspension or insane insurance costs. I've been out of the loop for a while so don't know what you might get other than a whopping fine.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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