driving while under suspension

ccricket
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driving while under suspension

by: ccricket on
Wed Feb 17, 2010 9:52 am

My husband has his license suspended and one day we were at a restaurant at a strip plaza and my husband moved my car from one parking spot to another within that same parking lot and an officer charged him with driving while under suspension and can now face jail time because of it. Is this not considered a private parking lot, he had no intension of driving on the road, he only moved the car


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by: Radar Identified on
Wed Feb 17, 2010 8:42 pm

Was he suspended due to a criminal conviction (e.g. impaired driving, dangerous driving) or was it due to something HTA related (e.g. too many demerit points, careless driving conviction with a licence suspension, unpaid fines)...?
* 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


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neo333
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by: neo333 on
Thu Feb 18, 2010 1:11 pm

why did the officer stop your husband in the parking lot?


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by: Radar Identified on
Thu Feb 18, 2010 11:50 pm

neo333 wrote:why did the officer stop your husband in the parking lot?
+1

That's a really good question...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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by: OPS Copper on
Fri Feb 19, 2010 5:05 pm

"This allegation surely does not meet the required elements of the charge."

It sure does if it is a criminal code suspension. Criminal code suspensions are an "anywhere" offense.

The officer may have run the plate and noticed that it came back to a person who is suspended under the criminal code. Happens all the time.

OPS


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by: Radar Identified on
Sat Feb 20, 2010 3:52 pm

OPS Copper wrote:Criminal code suspensions are an "anywhere" offense.
That's the big difference... as we know, an HTA-only suspension would not apply in a parking lot or driveway...
* 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


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by: hwybear on
Sat Feb 20, 2010 6:11 pm

Radar Identified wrote:
OPS Copper wrote:Criminal code suspensions are an "anywhere" offense.
That's the big difference... as we know, an HTA-only suspension would not apply in a parking lot or driveway...
definition of highway includes "driveway" :wink:
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: OTTLegal on
Fri Apr 02, 2010 9:33 am

The officer has to prove,

1. He was under suspension
2. He was driving a motor vehicle
3. He was driving on the roadway

If the officer did not see him driving on the roadway then the charge should be dropped. Unless your husband as numerous other driving convictions for driving while suspended it is very unlikely that he would go to jail.

As it is a serious charge you should consider having someone knowledgeable at court to represent you.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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