Summons to Defendant / Suspension - advice wanted

byttr
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Summons to Defendant / Suspension - advice wanted

by: byttr on
Sat Nov 28, 2009 12:27 pm

After receiving a summons for 'driving while under suspension' can anyone suggest what to do to defend myself - I'm not looking to fight the charge just go in show that I have made the necessary steps to clear up outstanding issues for the suspension and receive the consequences of the current infraction. The court time is 1:30pm Tues. - can I go early (before courts open) and speak to anyone like a justice of the peace etc. to plea/negotiate lesser fine? I'm really strapped for cash after paying off the judgement which created the suspended license and just want to get it over with and move on can't really afford a lawyer and more high fines...

Any help is appreciated




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by: byttr on
Sat Nov 28, 2009 3:55 pm

Thanks for the reply Reflections but I don't see anything in that post which discusses my question? Am I missing something? I've already re-instated my license but still have my summons to appear for - which will result in further fines and probable suspension. Maybe my paragraph wasn't clear...


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by: Suspended on
Sun Nov 29, 2009 4:52 pm

I can tell you what happened to me in the same situation this week. I was in a GTA court for driving while under suspension for unpaid fines and like you I had paid them off and got my licence back. I had to sit in the court room while the proceedings took place. They call you up alphabetically at which point you state your full name and they give you what they call disclosure. this is the proof against you. At that time they asked me if I wanted to speak to a prosecutor. I chose to and we went into the hall. The normal fine is $1,000.00 plus a further 6 month suspension. I explained that I couldn't be with out my licence or I would loose my job. He took it down to driving with out a valid licence and a $200.00 fine but warned me that if it happened again it would mean jail time. I then went in front of the Judge and plead guilty to the reduced charge and it was over. The Judge gave me 6 months to pay the fine. I also had the choice to plead not guilt and set a trial date.

I hope this helps because it was one hell of a stress full day for me.


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by: byttr on
Sun Nov 29, 2009 6:03 pm

that actually does help - thanks so much for posting your experience _ I will follow up with my outcome. Do you know if you can plea before courts open? Did you have to describe your situation to the prosecutor and then he decided to lower the charge? I have a specific time on my summons - did you? I was hoping to have that conversation in the morning so if the outcome is not favorable I would need legal representation.

thanks again for posting


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by: Suspended on
Sun Nov 29, 2009 6:51 pm

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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by: hwybear on
Mon Nov 30, 2009 11:59 pm

byttr - your new thread of same incident deleted...question copied to here
byttr wrote:If after a trial you are handed a further suspension (ie 30 day suspension) - is it in effect immediately (or the day after)? Just wondering if i should drive to court tomorrow as a further suspension is likely...

thanks in advance
Suspension Effective immediately upon conviction...

and HTA 53(3) states that a conviction will result in a further 6 month suspension
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: byttr on
Tue Dec 01, 2009 2:48 pm

Well - Just got back from court - the prosecutor didn't even waste any time - asked to see my paper work for re-instating the suspension and immediately reduced the charge to driving with invalid licence + 200$ fine once he saw everything was in order. I was anticipating a lot worse - thank goodness for his good mood !!

What a relief ! If anyone would like details just leave a message...


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by: byttr on
Tue Dec 01, 2009 3:19 pm

does any one know the HTA code for the invalid licence charge - I was so anxious to get out that i didn't write it down!!!


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by: hwybear on
Tue Dec 01, 2009 6:39 pm

HTA 32(1).

Wow that is a deal and a half!! Usually Drive no licence set fine is $265 plus surcharge.
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: Suspended on
Tue Dec 01, 2009 8:13 pm

There where 2 of us who both got $200.00 fines and reductions to driving with an invalid licence. One guy got $1,000.00 fine and a further 6 month's suspension.


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by: byttr on
Tue Dec 01, 2009 11:08 pm

I thought so too considering the situation - it was 200 + 35 surcharge 235


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by: hwybear on
Wed Dec 02, 2009 12:04 pm

Suspended wrote:There where 2 of us who both got $200.00 fines and reductions to driving with an invalid licence. One guy got $1,000.00 fine and a further 6 month's suspension.
might be b/c the "one guy" had priors. I most recently convicted a driver for his 10th time and he received $2000 fine, 6 month suspension and 30 days in jail.
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: racer on
Wed Dec 02, 2009 1:06 pm

hwybear wrote:
Suspended wrote:There where 2 of us who both got $200.00 fines and reductions to driving with an invalid licence. One guy got $1,000.00 fine and a further 6 month's suspension.
might be b/c the "one guy" had priors. I most recently convicted a driver for his 10th time and he received $2000 fine, 6 month suspension and 30 days in jail.
10th time??? Some people truly never learn.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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by: byttr on
Wed Dec 02, 2009 10:03 pm

10x wow! I thought I was going to jail for being my second time or for sure 6month further suspension...lol


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