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Ontario Highway Traffic Act

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Driving under suspension
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PostPosted: Sat May 16, 2009 11:26 am 
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Joined: Fri May 15, 2009 4:37 am
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Hi all I am new to this forum, just want to get some advices on my situation

I got caught 2 days ago speeding, and the police later found out I was driving under suspension, and he gave me 4 summons to defendant and I assume I need to go to the court on that day.
My licence is suspended because I didnt pay the fine previously.

I am just wondering if I need to find a paralegal/tiketfighter/lawyer for my case? Or specifically I want to know if it is like a big offense which will lead to criminal record? I am pretty scared right now....


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PostPosted: Sat May 16, 2009 11:50 am 
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Location: somewhere in traffic
1-888-XCOPPER

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PostPosted: Sat May 16, 2009 6:15 pm 
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Location: In YOUR rearview mirror!
Driving under suspension is HTA only not a Criminal offence, so do not worry on that part.

Here is the section and the penalties that you could face if convicted.....
53. (1) Every person who drives a motor vehicle on a highway while his or her driver’s licence is suspended is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000, or to imprisonment for a term of not more than six months, or to both

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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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PostPosted: Sat May 16, 2009 7:20 pm 
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oo haha....thanks....ur reply is so valuable to me...
so prolly a ticket fighter will do? I got one OTT center right opposite to my house.....


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PostPosted: Wed Sep 23, 2009 5:32 pm 
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Question about the above response; is the fine minimum of $5000 if you lost it for an Impaired ?


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PostPosted: Wed Sep 23, 2009 8:12 pm 
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Oobie wrote:
Question about the above response; is the fine minimum of $5000 if you lost it for an Impaired ?


Pending...is it for an ADLS (90 day) which is driving under suspension HTA, or if convicted for impaired it is then Drive Disqualified via Criminal code

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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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PostPosted: Wed Sep 23, 2009 8:41 pm 
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mine is driving disqualified


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PostPosted: Thu Sep 24, 2009 10:40 am 
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Joined: Thu Aug 27, 2009 10:06 pm
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Disqualified? Where you prohib driving for a criminal conviction, most common Impaired or dangerous operation?

If so..then it is a Criminal offense and you were either served a n appearance notice or PTA if released and must answer in criminal court.

If for unpaid fine or HTA conviction then it is no criminal and you were released with a Part 3 Summons and must answer in POA court

Prohibited and disqualified are terms that tend to be used interchangeably.

And I agree with Bear...I have yet to see any excuse work for driving under suspension....Maybe taking someone who is deathly whe ill to hospital may work or having a baby..but someone being tired is not a hazard when they can stop and have a nap...You drove knowing you were suspended so you cannot even use the "i did not know" defense.

People need to learn that it is MUCH cheaper to pay the fine if convicted than to not pay the fine....Besides paying the fine you also will have to pay the reinstatement fee....I have seen many suspensions because the driver ignored the $65 fail to produce valid insurance card ticket....

Oh and for the record I charge everyone with driving under suspension if they are more than 30 days from suspension date...I let the prosecutor or JP make the decision. Under 30days i serve them a notice(no fine just formally notifying they are suspended so they cannot later say I did not know).....If on a call and someone who is not driving and i learn they are suspended still get a notice from me

OPS


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Drive While Suspended
PostPosted: Sat Oct 03, 2009 10:59 pm 
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Joined: Sat Oct 03, 2009 8:25 pm
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Location: Toronto
Driving while suspended under the Highway Traffic Act is not a criminal charge, its a offence against an Ontario Statue.

The fine for driving while suspended is;

1000 dollar fine
6 months further mandatory suspension
Possible 6 months in Jail
Dramatic insurance increase.

Usually if its a one time offence, the fine has been paid, and the licence has been reinstated a licenced paralegal can get the charge dropped.

If the fine has not been paid, or its a second conviction the Justice of the Peace is going to consider sending the defendant to jail.

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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