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Ontario Highway Traffic Act
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So my husband got pulled over for speeding (90 in a 60) and while pulled over the officer discovered my husbands license was expired. Neither one of us had any idea and we never received any notice of renewal (we also didn't know they didn't have to send that). He of course wouldn't be driving with an expired license had he know but we cant change that. The officer said he should see a lawyer and my husband now wants to fight these tickets. In my opinion he is guilty of both - even if he didn't mean to. My question is ... is there a point? We are looking at over $500 in fines but again he did commit both offenses. Also is he looking at a bunch of demerit points? I'm assuming it will be 3 or 4 for the speeding ticket but what about the expired license?
Your husband is looking at 4 points for the speeding ticket and none for the expired licence. That having been said demerit points don't matter too much unless you have a lot of them. Insurance companies only look at the number of convictions you have and then they classify them as either major or minor. Since your husband got two tickets you are almost certainly looking at a rate increase. I think it is probably worth it to file for a court date and request disclosure to see what evidence the crown has against your husband. Even if they have an airtight case, it is still worth it to book a court date as that will give your husband a chance to meet with the crown before court and work out a plea deal that will at least get him a reduced fine and he might be able to get one of the tickets dropped in exchange for pleading guilty to the other one. Also it will help if your husband gets his licence renewed ASAP, that way he will be able to show the crown that he has fixed that problem and that may make them more willing to make a deal.