Odds of getting driving under suspension cleared

seriouslystressed
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Odds of getting driving under suspension cleared

by: seriouslystressed on
Sat Jun 25, 2011 12:17 pm

Hello,


Just this week I found out my licence was suspended after being pulled over. I did not have my licence or insurance documents on me, stupid thing I know but I understand that it was my mistake. My driving record is pretty clean, I have one ticket that I have been pulled over for in ten plus years of driving. It was a 50 dollar ticket which I should have immediately paid but didnt. This is apparently what caused the suspension. I also had not renewed my sticker on my licence plate because of a failed emissions, which was the reason for being pulled over in the first place. I did not pay the fine because the only implications I thought were that I could not renew my sticker if I had not, which I couldnt do anyways. And completely do to my fault which I know now is not a defense I moved 10 months ago and never changed my address, therefore, not receiving the suspension notice. All in all the officer gave me 3 summons.

1. Driving while under suspension
2. No sticker on the licence plate
3. Driving with no insurance

Number 2. is just a fine of $105 which was all I originally expected... I am ok with that.
Number 3. I was told I just have to bring proof of insurance to have it removed...which I can.

My concern is Number 1.

I was unaware of this to begin with, I know its my fault for the address change. But nonetheless this is the reason. After reading up on the consequences of this infraction I never even realized how serious this is and I am now extremely stressed out about it. My question is, what is the likelyhood of having this reduced to something minimal? If I go with a paralegal are my chances of this increased?

I have already paid the fine off right away and will be reinstating my licence on Wednesday which is the processsing time I must wait for.


Thanks,


Greatly Concerned.


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Simon Borys
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by: Simon Borys on
Sat Jun 25, 2011 3:34 pm

The fact that the suspension was due to an apparent minor oversight which you have since corrected will go strongly in your favour if you try to get the drive suspend plead down to drive no licence. It can be done in situations like yours and a paralegal or lawyer may be better able to frame your position and sell it to the prosecutor. Bear in mind that you can still properly be convicted for the drive suspend charge even if you weren't aware.

Also, the fine for the val tag should be $110, not $105. If it says $105, that is an error.
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seriouslystressed
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by: seriouslystressed on
Sat Jun 25, 2011 3:53 pm

Thank you for the response,

How serious is the drive with no licence offense? My concerns are with demerit points and insurance rates. I am a very cautious driver and consider my record to be very good and I do not want to damage it as much as possible.



Regards,


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Simon Borys
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by: Simon Borys on
Sat Jun 25, 2011 9:59 pm

Fine for driving without a licence is $325. No points since it's a non-moving violation. That being said, any offence can potentially affect your insurance, even non-moving violations, especially when they're related to licencing.
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seriouslystressed
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by: seriouslystressed on
Sat Jun 25, 2011 10:17 pm

Well I guess that is good news...bad news.... The increase in insurance would this be a drastic increase or something relatively minor? I can't express into words how much this whole situation has got me in to a panic. I contacted ottawatraffictickets.com and I am currently awaiting there response after they had asked me to send them all the paperwork.



Regards,


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Simon Borys
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by: Simon Borys on
Sat Jun 25, 2011 11:49 pm

No one except your insurance company can give you an idea of who a particular ticket will affect your insurance since it depends on too many unknown factors. Anyone who says otherwise is either lying or just guessing.
http://www.boryslaw.ca
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seriouslystressed
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by: seriouslystressed on
Mon Jun 27, 2011 10:46 pm

Thanks for the info.... the suspension has only been 4 months therefore I dont have to start anything over. Its just a reinstatement fee of $150 I can have my licence back on Wednesday.

Everything is now up to par... Including my vehicle passing emissions this time. My sticker and fees have all been cleared and renewed. All I have to worry about now is the driving under suspension...... If only that wasnt there.



Regards,


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