driving with suspended liscense 3rd time

mdoucette5
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driving with suspended liscense 3rd time

by: mdoucette5 on
Fri Apr 20, 2012 7:23 am

I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court . Then I was caught again and My court date is in a couple of days . Will I have to go to jail ? or will it be just fines ? Just want to know what to expect and if I dont go to court what will happen ?


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Simon Borys
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by: Simon Borys on
Fri Apr 20, 2012 12:33 pm

mdoucette5 wrote:When I was pulled over the second time the police officer said he would put down as it was my first time .
I just want to clarify that there is no way for the officer to make it seem like a 2nd drive suspend is really a first. They charge you in the same way (Part 3 summons) for each drive suspend, regardless of whether it's your 1st or 10th and then you go to court. How many previous offences you have is relevant to sentencing and at that time the judge will look at how many previous convictions you have on your record, which will likely be tendered by the prosecutor.
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mdoucette5
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by: mdoucette5 on
Fri Apr 20, 2012 12:51 pm

Thanks

So will it most likely be incarceration time ? If so if they give you jail time will they take you right then and there ?
Also my car was impounded and I dont have the money to go and get out . What will happen with it if I dont pick up??I just started a new job and dont have the money with the rest of my bills to pick up
If I dont attend court will they issue a warrant ?I already asked for the day off and they declined . I dont
want to tell them why I need off


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by: OPS Copper on
Fri Apr 20, 2012 6:23 pm

Here third conviction is 45 days in Jail. You do not show up for the trial and they issue a committal warrant upon conviction meaning what ever police service in Ontario who stop you take you to the nearest Provincial jail to serve it.

ops


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Simon Borys
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by: Simon Borys on
Fri Apr 20, 2012 11:40 pm

I believe when a vehicle is seized in connection with a drive suspend charge it falls under the Repair and Storage Liens Act, which allows the garage to eventually take possession of the vehicle and sell it to reclaim their costs. Not sure how long before they can do that. You could review the RSL Act and also the HTA sections around 53 and on.
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Stanton
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by: Stanton on
Sat Apr 21, 2012 7:39 am

mdoucette5 wrote:so if they issue the committal warrant , does the police come to your home to get you or if you are stopped again
they take you ??
Either is possible. Once a warrant has been issued police can arrest you at any time.

I'd strongly suggest attending Court, talking with the Crown and requesting leniency from the JP during sentencing. You may be able to work out some kind of deal or even avoid jail. If jail is required, an intermittent weekend sentence may even be possible which would allow you to keep working.

Bottom line is Courts have little sympathy for people who don't even show for their trial. Explain to work what it's for (it's not the crime of the century) and try to get the day off.




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by: Anxanx on
Wed Jul 11, 2012 9:11 am

Good Day - I am in similar situation. Driving under suspension 3rd offence. All my fines are paid. My court date is in the first week of august.

At this pint I am willing to plead guilty but do not know what the penalties will be. I know it could range from suspended license, incarceration to fines or all three.

I require immediate legal aid/help/representation. Please PM me


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