Can I sue the city for license suspension? Lawyer gurus?

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turningfish
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Can I sue the city for license suspension? Lawyer gurus?

Unread post by turningfish on

Hi Everyone,

I have a clean record of driving but few months back I got a speeding ticket (15km over). I thought it was filed with court but it wasn't so the city sent me a letter stating I have 10 days to pay an automatic conviction against me or "further action can be taken which may include license suspension.....". Then the city corporation only 3 days after the date of that letter asks MTO to suspend my license leaving me out of work for almost two weeks. Upon my request, they reopened the case for a trial but I had a lot of wasted time from job not being able to drive.

Their letter was misleading as it give me 10 days to pay or else suspension will happen after 10 days.

Now, my question is how long does the law permit a license holder to respond to a ticket? or to respond to an automatic conviction? I really want to teach them a lesson for not not honouring their own written text. Do I have a chance in small courts claim? and can I can I ask for suspension to be cleaned off the record since the ticket was reopened? or that wont' stay on record if it is reopened?

***I won't name the city but it's in Ontario.

Any tips are much appreciated.

Thanks


paul1913
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Unread post by paul1913 on

On the back of your ticket, it states that you have 15 days to decide what you want to do. If you do not respond within 15 days, you are deemed not to dispute.

How did you file it with court?


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hwybear
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Unread post by hwybear on

paul1913 wrote:On the back of your ticket, it states that you have 15 days to decide what you want to do. If you do not respond within 15 days, you are deemed not to dispute.
thinki paul1913 nailed it on the head there, would think anytime after the 15 days the licence could be suspended for unpaid fine (ie 16th day)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


paul1913
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Unread post by paul1913 on

I believe they send you at least one notice with the fine if not two. On that it clearly states if you do not pay your licence will be suspended. Not getting it because you had moved and failed to update your address is not an excuse as you are required to notify the MTO of any change of address.


AndruLuka
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Unread post by AndruLuka on

I think you should take advice by traffic lawyer. Because only traffic lawyer can solve your problem. A traffic lawyer will surely gives a good tips about traffic licence suspension.


tdottopcop
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Unread post by tdottopcop on

My opinion would be no you can't sue the city. But here are some thoughts you should be aware of before pursuing legal action:

- Driving in Ontario is a privilege, not a right.
- Why is your driver's licence necessary for work? Could you have taken public transit or a taxi? Or made arrangements for a family member to give you a ride?
- Why did you lose two weeks worth of income when you could've had your licence reinstated in a matter of days?
- How do you know your DL was suspended in 3 days and not the 10 you were advised of?
- Why did you think your ticket was filed with the court when it was not?




No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


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