Demerit Points For Out-of-province Convictions

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Demerit Points For Out-of-province Convictions

by: admin on

Can Ontario Canadian's get Demerit Points for Out of Province Convictions?


Yes!

Here is clarification from the MTO site:


Demerit Points for Out-of-Province Convictions

Drivers convicted of a driving related offence in the State of New York, the State of Michigan or any Canadian province or territory, will have home jurisdictional penalties such as demerit points and/or suspensions applied to their Ontario driver record as if the offence occurred in Ontario.


Examples of out-of-province convictions where Ontario demerit points and /or suspensions will be applied include:


Traffic
  • Speeding
  • Fail to obey stop sign
  • Fail to obey signal light
  • Fail to stop for school bus
  • Racing
  • Fail to remain or return to the scene of a collision
  • Careless driving

Criminal
  • Motor manslaughter
  • Criminal negligence
  • Dangerous driving
  • Failure to remain at scene of a collision
  • Impaired Driving
  • Driving while disqualified or prohibited

So can Ontario Canadian's get Demerit Points for Out of Province Offences?

Yes!


Can Ontario Canadian's get Demerit Points for Out of Province Offences while driving in the United States?

Yes! However, only TWO states can apply Demerit Points towards your Ontario Drivers License. The State of New York, and the State of Michigan.

Last edited by admin on Tue Oct 07, 2008 9:57 am, edited 1 time in total.
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by: hwybear on

Here is HTA OREG 607. Lists Provinces and States that can SUSPEND your licence for non-payment of a traffic violation.


***************************************************

1. Subsection 198 (1) of the Act extends and applies to judgments rendered and become final against residents of Ontario by any court of competent jurisdiction in the following provinces:


1. Alberta

2. British Columbia

3. Manitoba

4. New Brunswick

5. Newfoundland

6. Nova Scotia

7. Prince Edward Island

8. Quebec

9. Saskatchewan

R.R.O. 1990, Reg. 607, s. 1.


2. Subsection 198 (1) of the Act extends and applies to judgments rendered and become final against residents of Ontario by any court of competent jurisdiction in the following states:

1. Alabama

2. Arizona

3. Arkansas

4. Colorado

5. Connecticut

6. Delaware

7. Idaho

8. Illinois

9. Indiana

10. Iowa

11. Kansas

12. Kentucky

13. Louisiana

14. Maryland

15. Michigan

16. Minnesota

17. Mississippi

18. Missouri

19. Montana

20. Nebraska

21. New Hampshire

22. New Jersey

23. New Mexico

24. New York

25. North Carolina

26. North Dakota

27. Ohio

28. Oklahoma

29. Oregon

30. Pennsylvania

31. Rhode Island

32. South Carolina

33. Tennessee

34. Texas

35. Utah

36. Virginia

37. Washington

38. West Virginia

39. Wisconsin

40. Wyoming

41. District of Columbia

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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by: hwybear on

admin wrote:Can Ontario Canadian's get Demerit Points for Out of Province Offences while driving in the United States?

Yes! However, only TWO states can apply Demerit Points towards your Ontario Drivers License. The State of New York, and the State of Michigan.


Interesting.......when the HTA OREG 339/94 section 4(1) reads...

.. If a resident of Ontario is convicted or forfeits bail in another province or territory of Canada or in one of the states of the United States of America for an offence that, in the opinion of the Registrar, is in substance and effect equivalent to an offence for which demerit points would be recorded upon conviction in Ontario, the Registrar may record the demerit points for the conviction as if the conviction had been entered or the bail forfeited in Ontario for the equivalent offence. O. Reg. 339/94, s. 4

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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by: admin on

hwybear wrote:
admin wrote:Can Ontario Canadian's get Demerit Points for Out of Province Offences while driving in the United States?

Yes! However, only TWO states can apply Demerit Points towards your Ontario Drivers License. The State of New York, and the State of Michigan.


Interesting.......when the HTA OREG 339/94 section 4(1) reads...

.. If a resident of Ontario is convicted or forfeits bail in another province or territory of Canada or in one of the states of the United States of America for an offence that, in the opinion of the Registrar, is in substance and effect equivalent to an offence for which demerit points would be recorded upon conviction in Ontario, the Registrar may record the demerit points for the conviction as if the conviction had been entered or the bail forfeited in Ontario for the equivalent offence. O. Reg. 339/94, s. 4



That is in contrary. But since Demerit Points are applied by the MTO, the MTO website states that Demerit Points will be applied for Out of Province offences limited ONLY to the states of New York and Michigan.


http://www.mto.gov.on.ca/english/dandv/ ... emerit.htm

Also, the latter law states that the Registrar will decide whether your offence should be treated and applied the same as if you were in Ontario.


However, even if the Registrar does decide to apply Demerit Points for a state other than NY or MI, then you still would NOT be applied Demerit Points onto your driving record, since the MTO does not recognize Demerit Points issued from states other than NY or MI.

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