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Resulting demerit points will terminate schooling
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PostPosted: Wed Jan 26, 2011 1:46 pm 
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I have recieved a ticket for speeding. I was "observed" to be travelling at 100 km/hr in a posted 70 km/hr zone. The officer issued a ticket for 90 km/hr in a posted 70 km/hr zone. I have met with the prosecutor today, first appearance, to discuss a resolution. None were offered, the resolution offered was "pay the fine, recieve the demerits, or go to trial". I have obviously chosen to go to trial. I will file for disclosure once I have recieved the notice of trial date. My situation is such that I am willing to pay a monetary fine, however the impact the demerits will have is life altering. This is my first ticket with demerit points associated, and I am currently enrolled at a college program training to become a Paramedic. In the event of a charge to my record involving points occurs, I will be removed from my program (mid-semester) and not permitted to re enroll a) until I regain the points and b) with re enrollement I will be forced to repeat the courses I have completed to this point. I would also have to repaet the payment of tuition for these courses. I am waiting to recieve trial date notification by mail, but I would like to know what experiences have been had by others negotiating a plea with prosecution before/at trail.


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Re: Resulting demerit points will terminate schooling
PostPosted: Wed Jan 26, 2011 3:17 pm 
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Location: Oakville, Ontario
Tell the JP it will affect your schooling and that you are a student. They will often drop the points if you agree to pay the fine.


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Re: Resulting demerit points will terminate schooling
PostPosted: Wed Jan 26, 2011 4:44 pm 
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Mac004 wrote:
Tell the JP it will affect your schooling and that you are a student. They will often drop the points if you agree to pay the fine.


That is not correct.

The courts have NO CONTROL over demerit points. They are automatic and they are applied by MTO after a conviction or guilty plea. It is administrative. MTO gets the record of conviction, looks at the offence only, and then tacks on demerit points. They do not get any paperwork regarding the circumstances of the conviction, any in-court agreements or anything else. If the OP pleads guilty to 20 over, the JP has no authority to waive any demerit points.

The only hope to avoid demerit points is to either plead guilty to 15 (or less) over, or some other offence without demerit points. Or, be found not guilty.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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Re: Resulting demerit points will terminate schooling
PostPosted: Wed Jan 26, 2011 6:57 pm 
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What school is this? I just searched 4 colleges that state a student must have a valid "G" licence, with 2 of those 4 requiring a valid "F" licence by 2nd year.

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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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Re: Resulting demerit points will terminate schooling
PostPosted: Wed Jan 26, 2011 7:19 pm 
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The school is Loyalist College. The program co-ordinator has not given me a "straight" answer, the consensus is that since a clear abstract is required that the loss of points and conviction prevents me from participating in a new course they have added to the curriculum (defensive driving for paramedics). The college position is un-changeable.

I am hoping for advice in dealing with the prosecutors, the idea of a plea to either a lesser offense ( such as the 15 km/hr over) or a absolute resolution with the ticket being dismissed and possibly paying a "fine". I have however been warned that since a roadside reduction was granted by the officer that the prosecutors will not reduce it any further.

I am not trying to avoid all responsibility, just avoiding the 3 years and $6000.00 in tuition that these 3 points will cause me.


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Re: Resulting demerit points will terminate schooling
PostPosted: Thu Jan 27, 2011 1:01 pm 
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Joined: Fri Apr 11, 2008 2:49 pm
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Location: somewhere in traffic
From here you will have to wait for the disclosure package. However, since you are applying for the course you may have a way out.
1. Wait for your trial date.
2. See if it is after the start of your program.
3. If it is no issues, you have a clean record at the beginning of the course and don't mention it to the school.
4. If the trial date is before the start of the course, wait and see what the disclosure package contains.
5. If you do not recieve the package before trial, you have an out and win on a technicality, or the trial gets delayed and you set a later date, again see if it works around the course. Remember that the demerit points do not get applied until you pay the fine, trial or no trial.
6. If your trial gets delayed due to issues from step 5, apply for an 11b arguement, again you win and the ticket, technically never gets recorded on your record.



Lots of options open here..... it's now a waiting game.

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Re: Resulting demerit points will terminate schooling
PostPosted: Fri Jan 28, 2011 5:08 pm 
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Reflections wrote:
Remember that the demerit points do not get applied until you pay the fine, trial or no trial.


If you are convicted and the JP gives you a 60 day extension to pay the ticket, do the demerit points get applied that day or 60 days later when you actually pay the fine?


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Re: Resulting demerit points will terminate schooling
PostPosted: Sat Jan 29, 2011 7:39 pm 
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fredfred wrote:
Reflections wrote:
Remember that the demerit points do not get applied until you pay the fine, trial or no trial.


If you are convicted and the JP gives you a 60 day extension to pay the ticket, do the demerit points get applied that day or 60 days later when you actually pay the fine?


Demerit points are effective to the "offence date", but are not added until a conviction registered

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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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Re: Resulting demerit points will terminate schooling
PostPosted: Wed Feb 02, 2011 6:43 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
Is there anyone else at your college you can speak to about this? It really doesn't sound right that you could be withheld from a course for what is a relatively minor traffic violation, especially considering you're already enrolled. It would be somewhat more understandable if they were turning away new applicants with convictions, but one speeding tag wouldn't even prevent you from becoming a police officer. :?

I'd try getting some type of documentation from your college showing you'll be removed from the program if the conviction goes through. If you can show this to a sympathetic Crown, they might allow you to plead to 15 over. It also might be worth seeking the advice of a paralegal since apparently your schooling is riding on getting this charged dropped. The last thing you want to do is go to trial and get convicted for 30 over instead.


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