Unaware of 3 month Quebec suspension, with BC license.

Myner
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Unaware of 3 month Quebec suspension, with BC license.

by: Myner on
Sat Oct 13, 2012 8:06 pm

So I am looking for advice on my current situation;

I currently hold a drivers license in British Columbia, and have never had a license from any other province. Today I was driving to my home in Quebec City from Kingston, Ontario (I was in Ontario for a 2 month military course). I crossed into Quebec and shortly thereafter had a police car driving behind me, who pulled me over after running my Quebec plates. I received two tickets in QC about 6 months ago, one for speeding (3 demerits and $300 dollar fine) and one for a U-turn (3 demerits and $300 dollar fine). I paid both tickets right away, as I was guilty of both. I also got those tickets about 1 month apart.

Anyways, the police officer told me that I had been suspended from driving in Quebec as of July 31st until October 31st. However, I was never served with any mail stating my suspension or any officer notifying me of it. So, I got my car impounded for 30 days, an $850 fine and dropped off in the nearest town 4 hours from home. On top of this I have never had a Quebec license, and the Quebec demerit points do not get carried over to my B.C. permit. So I am wondering if it is legally right of the police to impound my car even though my actual B.C. permit was not under suspension, but rather my rights to drive in Quebec for 3 months (which I wasn't ever notified of).

I am currently sitting in a McDonalds, as this just happened and I haven't been home for approx 3 months because my military career has required me to be in other provinces in Canada. So, perhaps the notice was sent to my home of the suspension but I wouldn't of been there to receive it. I'll find out tonight if it is at my home.

So I am wondering, if I can fight this in court. Surely I can as I was not aware of my suspension, and I do not hold a Quebec license to be suspended under? As you can tell I am not really aware of how this works..

PS - I know this is an Ontario forum, but I was unable to find an english Quebec one. So I was just hoping you guys would be able to lend some advice/answers for me anyways.

Thanks a bunch!




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Pepsi
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by: Pepsi on
Sun Oct 14, 2012 4:26 pm

Myner, just to clarify, you drive a car with Quebec plates but your driver license is from BC? interesting scenario. I thought demerit points went with the license, not plates. Even then, according to SAAQ license suspension should not occur until 8 demerit points and you had only 6 so it makes no sense http://www.saaq.gouv.qc.ca/en/driver_li ... points.php
Unless, did you lose demerit points in BC or another province? If so, I believe they do carry over anywhere you go and Quebec would know about them. http://www.roadwarriors.ca/myth_out_of_province_ticket
The fact that you haven't seen the notice might be a valid argument but you'd need to go to court where they tell you and since you travel a lot it might not be easy to do so. I know in Ontario if you show up in court the sentence almost always can be negotiated but don't know what Quebec is like. You might want to check cases from Quebec at http://www.canlii.org/en/qc/ to see if you can find anything to indicate qc police acted incorrectly, or precedence based on your not receiving the notification. Good luck!


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