Driving while suspended/ no license

HighPlainsDrifter
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Driving while suspended/ no license

by: HighPlainsDrifter on
Sat Feb 19, 2011 12:08 pm

ok guys, recently i had just finished with my current suspension court date on the 2nd of august/2010 -- which occured on (25th of oct/2010) and lasts until the (25th of april 2011) i still have outstanding fines which are to be paid on 23/04/11, the problem is that i had made the mistake of taking my fathers van which lead to the vehicle being impounded and a driving with no license on my record on the 18th of febuary/2011. i am not to sure how this will turn out as my license was already suspended and i am to look at my options for my court date on the (28th of march/2011) and see if its best that i get a paralegal or will i be ok taking it on myself and hopefully looking towards a fine or suspension over jailtime. any help will do


Stanton
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by: Stanton on
Sat Feb 19, 2011 1:02 pm

I'm not following. Were you actually under suspension at the time you were driving your father's van? Or were you simply unlicenced?
Driving with no licence carries a fine, but you should not be facing any jail time. If you were driving under suspension, there is the possibility of jail time, especially if you have prior convictions.
In my experience, the Crown usually doesn't seek jail time unless it's someone's third or more conviction for driving while suspended. It also depends on your overall driving record and outstanding fines.

Driving under suspension is a relatively serious HTA charge. Unless you are experience with the Court system, I'd suggest consulting with a paralegal if you're concerned about the outcome.


HighPlainsDrifter
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by: HighPlainsDrifter on
Sat Feb 19, 2011 2:22 pm

yes i made the mistake of driving (2 months short) of the clearing date and got tagged for driving with no license (opposed to under suspension?) the only reason i am considering a paralegal is because of my past driving exp lol im hoping to squeeze out of jailtime as i cannot afford to have a record at the moment lol, thanks alot


Stanton
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by: Stanton on
Sat Feb 19, 2011 6:54 pm

Did you receive a summons to go to Court, or just a regular ticket with a payable fine on the bottom? If it's just a regular ticket, then the fine is the most serious consequence. If they actually gave you a summons with a set court date, then they could be seeking a higher penalty.

The charge of driving with no licence means you've either never had one, it's expired/not active or it's for the wrong class of vehicle (i.e. driving a motorcycle with only a G licence). Driving while under suspension means that the Government has actually told you you're prohibited from driving completely, usually as a result of another offence, and therefor considered more serious.

If you were actually suspended at the time the officer stopped you, the correct charge would have been driving while under suspension. I'm not sure why the officer would have charged you with the lesser offence, especially if he gave you a summons. If your charge does end up going to trial, the Crown may seek to withdraw your original charge and lay a new one for Driving Under Suspension.


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