Driving while suspended [first time]

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Driving while suspended [first time]

by: Julio on
Sat Sep 22, 2012 2:11 pm


I was pulled over for verification and it turns out my licence was suspended for unpaid fine, which I was totally unaware.
Apparently i had a fine that was unpaid, which I tought it was as I had paid it in an ATM. The "bank is Desjardins". After having just verified this, it turns out Desjardins doesnt accept ticket payments through ATM in Quebec (Gatineau) while my normal bank is in Ottawa (right on the Qc border. Therefore they returned the payment in my account, which was left unnoticed, i mean there are lots of transactions in there, also it was right as i had taken a sick leave from work.

The letter from the MTO, have they sent it or not, would also have been received during my sick leave, had they sent it, through regular mail, which is also a "community" mailbox type on a rural road I live near Ottawa.

I was going to argue that I never received it because of that mailbox, but upon reading the Act, it turns out i may not be deemed to have received it:
52. (1) Where a person’s driver’s licence is suspended, notice of the suspension is sufficiently given if delivered personally or,

(a) in the case of a suspension under section 41 or 42, sent by registered mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry;

(b) in the case of all other suspensions, sent by mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry. 2000, c. 26, Sched. O, s. 4.

Deemed date of service

(2) Notice sent by registered mail under clause (1) (a) or by mail under clause (1) (b) shall be deemed to have been given on the seventh day after the mailing unless the person to whom the notice is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice. 2000, c. 26, Sched. O, s. 4.
The day I was stopped, was the first day i was cleared back to work. I do not feel like wasting a day to go to court to get the charges dropped, so my question is rather how do i proceed to have a quick meeting with the prosecution before the court date to show him proper proof and get the charges dropped? And that would also save time and $ for cases he has a better chance of prosecuting.

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Location: Ontario

by: Stanton on
Wed Sep 26, 2012 11:02 am

You should be able to meet with the prosecutor on your first appearance date. There will be no actual trial, it’s simply a date to tell the Court how you wish to proceed with your charges.

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