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Ontario Highway Traffic Act

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charged with DRIVING w/ NO LICENSE / FAILURE TO STOP RED LIG
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PostPosted: Tue Feb 22, 2011 7:01 pm 
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Joined: Tue Feb 22, 2011 12:30 am
Posts: 5
Good afternoon everyone.

I can't find my other topic... so here I am reposting....

so I RAN A YELLOW LIGHT

THE COP PULLED ME OVER SAID I RAN A RED LIGHT

SAID I HAD EXPIRED INSURANCE AND EXPIRED LICENSE

GIVEN 3 TICKETS -- 2 of em 325$ EACH and 3 points EACH

i am pleading NOT GUILTY to ALL CHARGES

------ i was out of country for 3 years for school (Law school in UK, the irony) had no idea my license expired, even insurance company offered me insurance!

AND i have a provisional UK license w my full G ...

AND it was HONESTLY A YELLOW LIGHT ... NOT A RED ONE.


HERE ARE THE TICKETS.. thank you and god bless!!

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I am going to apply for a trial date tomorrow...


any hints / with regards to the prosecutor??

I have no criminal record, first time been pulled over, really can not afford the ticket / insurance hike as I am saving $$ for school again.


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Re: charged with DRIVING w/ NO LICENSE / FAILURE TO STOP RED
PostPosted: Tue Feb 22, 2011 10:52 pm 
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lkp1v07 wrote:
GIVEN 3 TICKETS -- 2 of em 325$ EACH and 3 points EACH


Looks to me like you were only given 2 tickets, since one was marked void - presumably the officer changed his mind on that one? At any rate you aren't being charged with no insurance. And the no licence charge has no points associated with it.

With respect to a defence for the red light charge, if you have a trail you can give your version of the events on the red light (that it was actually yellow) and the officer can give his (that it was red), then the judge can decide whether there reasonable doubt or not. For the no licence charge you may be able to convince the crown to drop it if you had a valid out of country licence that is equivalent to what would be necessary in Ontario for you to drive whatever it is you were driving, but that will depend completely on the crown's discretion.

Honestly, in my experience, they often give you the option to plea to one and in exchange they withdraw the other.

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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Re: charged with DRIVING w/ NO LICENSE / FAILURE TO STOP RED
PostPosted: Tue Feb 22, 2011 11:43 pm 
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Joined: Tue Feb 22, 2011 12:30 am
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Simon Borys wrote:
lkp1v07 wrote:
GIVEN 3 TICKETS -- 2 of em 325$ EACH and 3 points EACH


Looks to me like you were only given 2 tickets, since one was marked void - presumably the officer changed his mind on that one? At any rate you aren't being charged with no insurance. And the no licence charge has no points associated with it.

With respect to a defence for the red light charge, if you have a trail you can give your version of the events on the red light (that it was actually yellow) and the officer can give his (that it was red), then the judge can decide whether there reasonable doubt or not. For the no licence charge you may be able to convince the crown to drop it if you had a valid out of country licence that is equivalent to what would be necessary in Ontario for you to drive whatever it is you were driving, but that will depend completely on the crown's discretion.

Honestly, in my experience, they often give you the option to plea to one and in exchange they withdraw the other.



Thank you Simon --- you are an asset to this site, I have seen many of your posts... are you like practicing Law

yeh I had to show up to police station to prove I had insurance in 72 hours or wouldve been raped

also you said the no license charge has no points - so no insurance increase?

i hope they drop one and give me a lesser charge... my primary goal is to prevent an insurance increase - any suggestions?



edit: read your cv, a cop turned lawyer... damn!!! good luck with your law school!


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Re: charged with DRIVING w/ NO LICENSE / FAILURE TO STOP RED
PostPosted: Wed Feb 23, 2011 2:04 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Contact your insurance provider in regards to possible rate increases. Some care about points, but most have their own list of what they consider minor/major convictions. Most will forgive one minor conviction or two. Some may consider no licence a minor offence.


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Re: charged with DRIVING w/ NO LICENSE / FAILURE TO STOP RED
PostPosted: Wed Feb 23, 2011 9:53 am 
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Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
I agree with Stanton - it's not actually the points that drive your insurance up, it's the conviction itself, so even a conviction with no points may increase your insurance. It really depends on your insurance provider and their policies.

Also, just to be clear, I'm not a lawyer yet, just a law student, so don't take anything I say to be legal advice. But thanks for your comments.

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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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