What are the risks of driving while suspended for a dui?

maggiemuggins
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What are the risks of driving while suspended for a dui?

by: maggiemuggins on
Thu Oct 25, 2012 6:40 am

My neighbour confided in me that she had lost her licence for a dui in Ontario.
The licence was reinstated recently for a week just before her court date.
During that time she bought and registered a car with ontario stickers.

When she went to court a week later she was found guilty of dui and her licence was removed as well as a 2000 dollar fine.

She plans to continue driving this new vehicle "for emergencies only".

Please let me know the risks so I can show her how misguided she is.

Thanks so much...:)


Brian Smith
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by: Brian Smith on
Thu Oct 25, 2012 8:29 am

If caught driving while under her federal prohibition she will be arrested for criminal code Drive Disqualified. Depending on the officer she may be held for bail, and the vehicle she is driving at the time will automatically be impounded for 45 days at the owners expense.

As an FYI, her driving prohibition includes any criminal code classified motor vehicle. This means the standard vehicles we all think about, but also includes E-bikes(if she is observed not using the pedals), mopeds, golf carts, lawn tractors, and anything else with a motor/engine that she drives for transportation.

In my experience, courts don't have much sympathy for people convicted of drive disqualified. Upon conviction she can expect to spend 30+ days in jail.




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by: Radar Identified on
Thu Oct 25, 2012 6:43 pm

maggiemuggins wrote:She plans to continue driving this new vehicle "for emergencies only".
Just what exactly does your neighbour think an "emergency" is? I'm going to guess it's not what you and I would think of as a genuine "emergency" (something life threatening). A life-threatening situation would be about the only thing a JP might (but likely wouldn't) have sympathy for, since 9-1-1 should be called. Day-to-day problems like needing to visit the bank, going to the grocery store, or being late for work aren't things any court will consider to be an "emergency" and even if they did, there are still other, legal options to address that problem... like having a friend drive, calling a cab or taking transit. Even being sick and needing to visit the doctor doesn't count. If your neighbour thinks a court would say otherwise, she is entirely mistaken.

As Brian Smith and OPS Copper indicated, the courts will have zero sympathy.

Oh and BTW, the 45-day impoundment is for the first time they get caught. It's a minimum. It can be higher. She can also get fines from $5000 to $50 000 for being convicted under the HTA for driving while under a Criminal Code suspension (drive disqualified). That's in addition to the jail time, vehicle impoundment and further suspension. Here's the MTO link:

http://www.mto.gov.on.ca/english/safety ... lity.shtml

I don't know what part of Ontario you're from, but some agencies like the York Region Police have their Traffic Services watch the homes of disqualified drivers who still have vehicles registered in their name, which, your neighbour would. This is from the York Region Police's website, under "Operation Disqualified":
Operation Disqualified
Operation Disqualified is a year-round program targeting drivers who have been prohibited or suspended from driving by court order. These drivers have been convicted of at least one Criminal Code driving offence, such as Impaired Operation of a Motor Vehicle, and have had a sentence imposed that dictates not driving for a specific period of time.

Uniform Patrol and Traffic Bureau officers are notified whenever the courts issue such an order and under Operation Disqualified, drivers are then monitored to ensure they comply. Citizens are reminded to contact the police should they know of any suspended or prohibited drivers that continue to drive.
Here's the link:

http://www.yrp.ca/default.aspx?pg=77b6b ... 07fb783e96

It also only takes one police officer to run her plates and she's toast.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


C_B
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by: C_B on
Thu Nov 07, 2013 7:45 am

Hello. My spouse's license is under medical suspension following a head injury. I have been stopped twice in a few months by officers insuring the suspended owner of the car is not driving. They have checked my identity and sent me in my way, not even asking for insurance and ownership so I know it is about who is driving.


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