Here is a timeline: My husband's license was suspended for non-payment. For work(A license) he continued to drive even though he got the letter as he wasn't "served" with suspension yet. He was pulled over late at night near Northern Quebec(on Ont. side) and they had suspension still on file. He was "served" that he had no license right then. He also got tickets related to commercial load etc. at that time. Within 60 days he paid the approximately 750.00 in fines to the detachment up north. Unbeknownst to him, he was 15 dollars short due to a "late surcharge" that was mailed after he paid. We went on a two week vacation(I drove this time!) and during that time my husband's license came up for renewal(birthday) with a written test needed for the A part. We also got a letter that my husband's license was in fact still suspended due to the non-payment of the 15.00 from the fines. Exactly 2 days after his birthday, the Drive test people went on strike. So, with the driver's strike still ongoing, what should he do as he cannot reinstate his license(written required) as they are still closed. He has paid the 15.00 fine to the office in the county that pulled him over. He has to not only write the test, but pay the license suspension fee of 150.00 as well after the fines are paid(but they are closed!) I am sure this is really confusing, but he really needs his driver's license and I am not sure how to go about doing it.
Here is a timeline:
My husband's license was suspended for non-payment.
For work(A license) he continued to drive even though he got the letter as he wasn't "served" with suspension yet.
He was pulled over late at night near Northern Quebec(on Ont. side) and they had suspension still on file. He was "served" that he had no license right then. He also got tickets related to commercial load etc. at that time.
Within 60 days he paid the approximately 750.00 in fines to the detachment up north. Unbeknownst to him, he was 15 dollars short due to a "late surcharge" that was mailed after he paid.
We went on a two week vacation(I drove this time!) and during that time my husband's license came up for renewal(birthday) with a written test needed for the A part. We also got a letter that my husband's license was in fact still suspended due to the non-payment of the 15.00 from the fines. Exactly 2 days after his birthday, the Drive test people went on strike.
So, with the driver's strike still ongoing, what should he do as he cannot reinstate his license(written required) as they are still closed. He has paid the 15.00 fine to the office in the county that pulled him over.
He has to not only write the test, but pay the license suspension fee of 150.00 as well after the fines are paid(but they are closed!)
I am sure this is really confusing, but he really needs his driver's license and I am not sure how to go about doing it.
Perhaps calling the court might help clear out the issue. If the license was suspended due to an additional fee that was not billed at the same charge, then the set fine is incorrect. There are precedents where the wrong fines have resulted in tickets being quashed.
Perhaps calling the court might help clear out the issue. If the license was suspended due to an additional fee that was not billed at the same charge, then the set fine is incorrect. There are precedents where the wrong fines have resulted in tickets being quashed.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
it has nothing to do with the fines.....they were late in paying the initial fines and then the court/like any other business......added a late fee/penalty.
racer wrote:
Perhaps calling the court might help clear out the issue. If the license was suspended due to an additional fee that was not billed at the same charge, then the set fine is incorrect. There are precedents where the wrong fines have resulted in tickets being quashed.
it has nothing to do with the fines.....they were late in paying the initial fines and then the court/like any other business......added a late fee/penalty.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
My husband consulted one of those traffic ticket paralegals and without looking at the paperwork, has told him it is an automatic 6 month license suspension and 1000.00 fine. Is this true for a first offense? Or is he just saying that to justify the 400.00 he wants to charge to go to court for the summons for him. Do you think my husband can go to the courthouse by himself and speak with the crown attorney and request a lower ticket like driving without a valid license? If the crown attorney doesn't agree to that prior to the court hearing, my husband either has to plead guilty or set a date for trial right? Does he ask for disclosure that day from the crown attorney if the trial is going to go ahead? Any advice would be appreciated. Thank you
My husband consulted one of those traffic ticket paralegals and without looking at the paperwork, has told him it is an automatic 6 month license suspension and 1000.00 fine. Is this true for a first offense? Or is he just saying that to justify the 400.00 he wants to charge to go to court for the summons for him.
Do you think my husband can go to the courthouse by himself and speak with the crown attorney and request a lower ticket like driving without a valid license?
If the crown attorney doesn't agree to that prior to the court hearing, my husband either has to plead guilty or set a date for trial right? Does he ask for disclosure that day from the crown attorney if the trial is going to go ahead?
For conviction of driving under suspension (1st offence) = - $1000 to $5000 fine - further 6 month licence suspension
Imagooddriver wrote:
My husband consulted one of those traffic ticket paralegals and without looking at the paperwork, has told him it is an automatic 6 month license suspension and 1000.00 fine. Is this true for a first offense?
For conviction of driving under suspension (1st offence) =
- $1000 to $5000 fine
- further 6 month licence suspension
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Traffic tickets you can plea before but not for driving while suspended. You have to be before the judge and given your disclosure first. Once they gave me disclosure they asked if I wanted to speak with a prosecutor to try and resolve the matter that day. If not they would set a trial date for the spring. They also told me that if I speak to a prosecutor and can't reach a mutual plea that morning then I can still set a trial date. So there is no harm in talking to the prosecutor and if not you still have 4 month's or so to get a lawyer. I had a 9:00 time to appear which I learned is the start of the morning session. There is also a 1:30 session. It was about 10:30 before my name was called as they dealt with the lawyers first. By 11:00 I had reached a plea and plead guilty and was on my way out the door. I did have to explain my situation and why I didn't deserve, or could handle a further suspension financially. You don't need a lawyer for the first court appearance and if you don't like the deal your offered ask to adjourn to a later date to be able to get legal council.
Traffic tickets you can plea before but not for driving while suspended. You have to be before the judge and given your disclosure first. Once they gave me disclosure they asked if I wanted to speak with a prosecutor to try and resolve the matter that day. If not they would set a trial date for the spring. They also told me that if I speak to a prosecutor and can't reach a mutual plea that morning then I can still set a trial date. So there is no harm in talking to the prosecutor and if not you still have 4 month's or so to get a lawyer. I had a 9:00 time to appear which I learned is the start of the morning session. There is also a 1:30 session. It was about 10:30 before my name was called as they dealt with the lawyers first. By 11:00 I had reached a plea and plead guilty and was on my way out the door. I did have to explain my situation and why I didn't deserve, or could handle a further suspension financially. You don't need a lawyer for the first court appearance and if you don't like the deal your offered ask to adjourn to a later date to be able to get legal council.
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