Driving Under Suspension Section 53(1)

deWitte
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Driving Under Suspension Section 53(1)

by: deWitte on
Wed Aug 28, 2013 12:35 pm

Suspension was for unpaid fine. I wasn't aware of the suspension but that doesn't matter. Court is scheduled for October 11, I move to Newfoundland on September 17 and am not coming back. What do I do now?


daggx
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by: daggx on
Wed Aug 28, 2013 4:37 pm

The best thing to do would probably be to hire a paralegal to handle this matter for you. There are many circumstances where a paralegal can appear on your behalf so you won't necessarily have to be in court yourself. Talk to them and see if they can take care of this for you while you are in Newfoundland. They may even be able to work out a deal with the prosecutor for a lessor offence. You should also pay the other ticket that lead to this suspension in the first place as well as the reinstatement fee. Remember that Canadian provinces share driving records so you won't be able to get a drivers licence in Newfoundland until the suspension you've got in Ontario is cleared. Do not just ignore this charge, if you do you could either be found guilty by default, in which case you would be hit with fine of $1000-$5000 and a longer driving suspension, or the court could issue a warrant for your arrest.


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by: OTTLegal on
Thu Aug 29, 2013 8:11 am

I agree with poster daggx, if you do nothing they will give a fine of 1000 dollars, additional 6 months suspension, and the judge can give 6 months in Jail. If you do come back to Ontario you could be arrested and taken directly to jail. You can call the Ontario courts and pay the fine over the phone, then have a paralegal or friend appear in court for you in Ontario. Usually if you pay the fine and appear in court, they will reduce the charge to not having a valid licence, which is just a fine and no jail.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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