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G2, 1 month from full G test, 49 over. Clarification?
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PostPosted: Thu Mar 10, 2016 7:51 am 
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So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.

I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.

I have no problem paying the fine and accepting the demerit points, but if I understand correctly I'll end up receiving a 30 day suspension for a single 4 point occurrence as I'm a probationary driver, which doesn't bode well with me right now considering I'm close to getting my full license.

If I request the ticket go to trial, wait it out until I have my full license, and then pay the ticket off before proceeding to court, would the traffic violation be applied to my record as a fully licensed driver, thus avoiding the suspension all together?

Additionally, if I postpone the payment through the same method until after my insurance renewal, some ~2 months away currently, would I be legally obligated to tell my insurance company I received a minor infraction if I have yet to go to trial or pay the ticket? If I pay the ticket shortly after renewal, am I also obligated to inform my insurance company of such?

Cheers.


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Re: G2, 1 month from full G test, 49 over. Clarification?
PostPosted: Thu Mar 10, 2016 8:52 am 
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You are right that if you delay your conviction the insurance company will be unaware until after your renewal. If you delay your conviction until after you get your G you will avoid the suspension.

I would request trial and disclosure, then if the evidence against you is strong then attend trial if the officer is there just plead guilty or go home before the trial starts.


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Re: G2, 1 month from full G test, 49 over. Clarification?
PostPosted: Thu Mar 10, 2016 9:10 am 
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atleast talk to the prosecutor and see if they will drop it down a bit to a 3 point violation.


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Re: G2, 1 month from full G test, 49 over. Clarification?
PostPosted: Thu Mar 10, 2016 10:21 am 
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ynotp wrote:
If you delay your conviction until after you get your G you will avoid the suspension.


I don't know if this necessarily true. While the regulations discussing Novice Drivers don't cover what happens when you graduate on a first strike, it goes into detail when discussing a third.

Quote:
(6) If the holder of a Class G1, G2, M1 or M2 driver’s licence is convicted of a third offence described in subsection 9 (3) and subsequently becomes a fully licensed driver in Class G or M, as the case may be, before the Registrar receives notice of the person’s third conviction, the Registrar shall not cancel the person’s driver’s licence as described in clause 9 (2) (c) but shall instead suspend the licence for 90 days. O. Reg. 205/10, s. 6.


It leads me to believe:
- They obviously have no problems going back and suspending you based on class during the period you were charged.
- They don't discuss first or second strike in the regulation because the penalty doesn't change

However, I don't have a definite answer so it's possible I could be wrong.


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Re: G2, 1 month from full G test, 49 over. Clarification?
PostPosted: Thu Mar 10, 2016 8:08 pm 
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Thanks for the replies.

In essence, I can at least delay the conviction by requesting to go to trial for a couple months while I get everything sorted out, go back to the courthouse, simply pay the fine and have the trial dropped? Would it be advantageous in any means to not request the officer to go to court, seeing as I intend on accepting the fine and demerit points?

It's my first offense, there doesn't seem to be any form of discrepancy on the ticket, the officer was pacing which is how he got my actual speed, and he cut me a huge break as I could have had my vehicle impounded and license suspended right then and there. For those reasons alone I won't be fighting the ticket, but considering such fact would it make sense to request the officer to appear in court when I file for a trial?


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Re: G2, 1 month from full G test, 49 over. Clarification?
PostPosted: Fri Mar 11, 2016 1:10 am 
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bend wrote:
ynotp wrote:
If you delay your conviction until after you get your G you will avoid the suspension.


I don't know if this necessarily true. While the regulations discussing Novice Drivers don't cover what happens when you graduate on a first strike, it goes into detail when discussing a third.

Quote:
(6) If the holder of a Class G1, G2, M1 or M2 driver’s licence is convicted of a third offence described in subsection 9 (3) and subsequently becomes a fully licensed driver in Class G or M, as the case may be, before the Registrar receives notice of the person’s third conviction, the Registrar shall not cancel the person’s driver’s licence as described in clause 9 (2) (c) but shall instead suspend the licence for 90 days. O. Reg. 205/10, s. 6.


It leads me to believe:
- They obviously have no problems going back and suspending you based on class during the period you were charged.
- They don't discuss first or second strike in the regulation because the penalty doesn't change

However, I don't have a definite answer so it's possible I could be wrong.


You are correct. Had this just last week. Driver convicted of 49 over , had waited until he got his full G (as previously G2) to get convicted. Received suspension notice in the mail from MTO a few weeks later receiving the full 30 day suspension due to his licence class at the time of the offence.


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Re: G2, 1 month from full G test, 49 over. Clarification?
PostPosted: Fri Mar 11, 2016 9:26 am 
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a 60 over reduced to 49 over?
so you where doing 160kmph? they didnt impound the car and arrest you?

whooopsiedaisy wrote:
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.

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Re: G2, 1 month from full G test, 49 over. Clarification?
PostPosted: Fri Mar 11, 2016 5:50 pm 
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You don't get arrested for stunt driving

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: G2, 1 month from full G test, 49 over. Clarification?
PostPosted: Mon Mar 14, 2016 2:04 pm 
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Joined: Fri Nov 14, 2014 12:03 pm
Posts: 201
Something Similar to this happened to my brother.

July 2014: Summons, Race a Motor Vehicle.
December 2014: Acquired G License.
March 2015: Charged with Speeding 149km/h in posted 100km/h zone. Recieved notice in the mail that license is suspended 30 days from when ministry recieves it due to Novice Escallating Drivers Sanctions.
July 2015: Charged with Driving Under Suspension because the dumb*** didn't hand in his license.

So yes, you will still get the 30 day suspension. Please remember to hand in your license, as the suspension does not start until you do so.


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