Can I fight to get a suspension stricken from my record?

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having_a_bad_day
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Can I fight to get a suspension stricken from my record?

Unread post by having_a_bad_day on

I got a ticket for an expired licence sticker. The next day I went to the Ministry office to renew my sticker. I thought that I HAD to pay any outstanding tickets BEFORE I was eligible to renew my sticker. The lady at the desk informed me that I had an outstanding balance and 407 bill that I had a to pay and I told her that I was aware of that. I thought everything was cleared.

Now, several months later I received a letter stating that my licence has been suspended. I assumed it was an error, but upon calling I have found out that only Parking Tickets and 407 bills can be paid at the ministry office and that my licence plate sticker ticket had to be paid through the courts office. Upon finding this out I paid my outstanding fine immediately, but was told I have to wait 4-5 days before my licence is reinstated. I have made arrangements for work, but am worried about my insurance rates.

I would like to know if anyone has any experience with this. I feel it is a reasonable misunderstanding on my part. I thought I already paid the ticket when I got my sticker renewed but am now finding out that it was for a 407 bill and parking ticket. I honestly thought that I had paid the ticket.

How would I got about trying to get this suspension removed from my record, and what do you think my chances are of success?

Thanks,


iFly55
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Unread post by iFly55 on

You would have received another letter prior to the suspension letter, which would've read, "pay outstanding fee by this due date, or else face a license suspension": http://www.wheels.ca/news/when-a-forgot ... uspension/

I don't believe the MTO will entertain your misunderstanding story; the $110 expired sticker ticket you received from the police, came with its own set of instructions on the back on how it'll be dealt with the courts within 15-days.

You also missed an opportunity to speak to the crown about your expired sticker, there's a small chance the crown may have helped you (ie. drop ticket, reduce fine) if you provided sob-story/evidence you renewed your sticker. Now you have a conviction on your driving record for 'expired license plate sticker', which your insurance can use for the next three years to remove any 'conviction free discounts' and bump your rates.

Insurance companies will be able to see when your DL was suspended, the reason, and when it expired. Depending on your provider they may look as far back as 3 to 5 years for DL suspensions. You'll have to be truthful if they ask, "have you had any suspensions in the last 'x' # of years".


JohnDeere
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Unread post by JohnDeere on

Insurance companies do not use suspensions for unpaid fines against you.


jsherk
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Unread post by jsherk on

JohnDeere wrote:Insurance companies do not use suspensions for unpaid fines against you.
Hey JohnDeere, are you sure about that? This would be good news for a friend of mine!
+++ This is not legal advice, only my opinion +++


iFly55
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Unread post by iFly55 on

http://www.e-laws.gov.on.ca/html/regs/e ... 0664_e.htm

Having looked through the Insurance Act, there doesn't appear to be exclusions w.r.t. risk classifications for suspensions due to unpaid HTA fines.

http://www.fsco.gov.on.ca/en/auto/forms ... 213E.2.pdf

Even in the FSCO's Auto Application Form it asks
To the applicant's knowledge...

■ Has any driver's licence, vehicle permit etc, issued to the applicant or to any person in the household or business been suspended or cancelled in the last 6 years? If Yes, give details in Remarks section
http://www.fsco.gov.on.ca/en/auto/autob ... x[quote]An Administrative Lapse or a Suspension of a Driver’s Licence

An administrative lapse or a suspension of a driver’s licence is a documented driver’s licence lapse for administrative or medical reasons that are not connected to driving offence convictions. Reasons can include non-renewal or expiry of a driver’s licence due to a consumer’s oversight, temporary medical conditions, unpaid parking tickets, outstanding support payments to the Family Responsibility Office or outstanding payment to the Motor Vehicle Accident Claims Fund. An Administrative Driver’s Licence Suspension (ADLS) is also considered an administrative lapse because there is no driving offence conviction connected with the suspension. The new policy is to ensure that future rating of short term administrative lapse or suspension of a driver’s licence is supported by actuarial evidence.[/quote]http://www.pointts.com/traffic-ticket-q ... e/[quote]A driver’s license suspension for unpaid fines or any other reason will appear on your driving record resulting in an increase in your premiums or cancellation of your policy.[/quote]


jsherk
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Unread post by jsherk on

I found this article:
http://www.wheels.ca/news/when-a-forgot ... uspension/

According to Bob Nichols Ontario Transportation Ministry spokesperson:
"MTO does not send a notice of suspension to insurance companies. Insurance companies do have access to a driver's driving record through the Authorized Requester Program. An active unpaid fine suspension will appear on an abstract, but once the fine has been paid it comes off."

So in theory, once you have paid your unpaid fines and your license is reinstated it comes off your record. I just helped a friend that is going thru this so will let you know how his abstract looks after re-instatement.
+++ This is not legal advice, only my opinion +++


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Decatur
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Unread post by Decatur on

I've seen lots of abstracts and the unpaid fine suspensions are on there even after they expire, listing the expiration date.


OPS Copper
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Unread post by OPS Copper on

But is it the same abstract that insurance companies get. «Maybe they do not get the suspension parts...You yourself and the police and courts will have access to the whole record but maybe not the insurance companies.


jsherk
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Unread post by jsherk on

Or maybe the insurance companies themselves decide whether to ignore the non-driving related suspensions? I guess we need to ask our insurance companies to find out for sure.
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JohnDeere
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Unread post by JohnDeere on

Any insurance broker I have talked to and all the online ones say not to include suspensions due to unpaid fines.


trenchknife
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Unread post by trenchknife on

JohnDeere wrote:Insurance companies do not use suspensions for unpaid fines against you.
That is completely incorrect.
jsherk wrote:"MTO does not send a notice of suspension to insurance companies. Insurance companies do have access to a driver's driving record through the Authorized Requester Program. An active unpaid fine suspension will appear on an abstract, but once the fine has been paid it comes off."
I think you are reading that incorrectly. What it means is that once the fine is paid, the licence will no longer appear as "SUSPENDED". However, the fact that it was suspended will always be there. It does not get removed simply by virtue of paying the fine.
Do not take anything I say as legal advice. Only a lawyer can give legal advice. I am not a lawyer.


pirish
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Unread post by pirish on

trenchknife wrote:
JohnDeere wrote:Insurance companies do not use suspensions for unpaid fines against you.
That is completely incorrect.
Second this... Had a 3 day admin suspension.. on my G licence went to go and get my Bike insured and was told by a broker wait 2 months until the suspension dropped off my record or the insurance company would rape me. Went to another insurance company and had to prove that the 3 day admin wasn't alcohol related...(not that it matters according to FSCO)

jsherk wrote:"MTO does not send a notice of suspension to insurance companies. Insurance companies do have access to a driver's driving record through the Authorized Requester Program. An active unpaid fine suspension will appear on an abstract, but once the fine has been paid it comes off."

I think you are reading that incorrectly. What it means is that once the fine is paid, the licence will no longer appear as "SUSPENDED". However, the fact that it was suspended will always be there. It does not get removed simply by virtue of paying the fine.[/quote]

Again second this...






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