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driving while suspended. what can i do?
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PostPosted: Fri Jan 08, 2010 3:20 pm 
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i got caught driving while suspended and was given a notice of suspension to appear in court in a month. my 90 suspension is up in 40 days. will i be able to reinstate at that time pending a trial for the driving while suspended charge?


also, i should add that my vehicle was not impounded. i guess the officer either took pity on me, or just was having a good day. either way, i count myself lucky for that.


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Re: driving while suspended. what can i do?
PostPosted: Fri Jan 08, 2010 8:38 pm 
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platuscord wrote:
i got caught driving while suspended and was given a notice of suspension to appear in court in a month. my 90 suspension is up in 40 days. will i be able to reinstate at that time pending a trial for the driving while suspended charge?

The pending trial has no affect on reinstatement. You should be able to go to the MTO in 40 days and have your licence reinstated.

When you go to court for driving under suspension you will have the normal 3 options (plead guilty, plead guilty with an explanation ,trial).

Quote:
also, i should add that my vehicle was not impounded. i guess the officer either took pity on me, or just was having a good day. either way, i count myself lucky for that.

driving under suspension is not a vehicle impoundment, you are thinking of "driving disqualified" (which is driving while prohibited by the 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: Fri Jan 08, 2010 10:32 pm 
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thanks for quick reply, as it certainly helps. i was wondering.. how cut and dry are these types of cases? should i expect an automatic conviction, or will it depend on the skills of my attorney? and, if convicted, i understand the fine is 5000 dollars. its that correct, or did i read other websites listing the penalties the wrong way? again, thanks for your input.


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PostPosted: Sat Jan 09, 2010 6:45 am 
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platuscord wrote:
how cut and dry are these types of cases? should i expect an automatic conviction, or will it depend on the skills of my attorney?


IMHO either a person is suspended when they are stopped or not. I can not recall ever losing a drive under suspension case. However, having said that, speak with your attorney as he/she might know of something that is unique to your case.

Quote:
and, if convicted, i understand the fine is 5000 dollars. its that correct, or did i read other websites listing the penalties the wrong way? again, thanks for your input.


HTA 53, drive under suspension penalties:
1(a) fine of $1000 to $5000 for first offence of driving under suspension
(b) fine of $2000 to $ 5000 and up to 6mths jail for subsequent offence

Licence will be suspended a further 6 months

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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 Jan 09, 2010 11:22 am 
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Plus you knew you were suspended as it sounds like a ADLS for Refusal or failed Breath test.

Our job is to prove you were the driver. You will need to prove you were not...


Like Bear this is one of the few slam dunks for POA court.

OPS


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PostPosted: Sat Jan 09, 2010 4:55 pm 
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it sounds impossible to beat. i have been reading into the traffic combat website. i intend to use the advise therein. so wow, if someone is not sure that they are suspended and tells the officer this, it actually helps their case? by claiming ignorance?

also, with the courts being so backed up, what are the chances an officer will show up after a whole year and half?

:? is there a strategy that you would recommend for me to take? option 3 is a no brainer. also upon getting a trial notice, changing the trial date seems to be reasonable, albeit frustrating and time consuming. i intend to request disclosure as well. i figure that if it gets to be too complicated for me, i can hire representation to takeover.


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PostPosted: Sun Jan 10, 2010 5:10 pm 
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platuscord wrote:
it sounds impossible to beat. i have been reading into the traffic combat website. i intend to use the advise therein. so wow, if someone is not sure that they are suspended and tells the officer this, it actually helps their case? by claiming ignorance?

also, with the courts being so backed up, what are the chances an officer will show up after a whole year and half?

:? is there a strategy that you would recommend for me to take? option 3 is a no brainer. also upon getting a trial notice, changing the trial date seems to be reasonable, albeit frustrating and time consuming. i intend to request disclosure as well. i figure that if it gets to be too complicated for me, i can hire representation to takeover.


You did all you can for now. Once the disclosure request is sent, you can sit back and wait.

Also, do some more research into your own case. Know what kind of disclosure you need. The template from ticketcombat's is just that, you shouldn't just put the name in. Some stuff asked for might not even apply, or you might need something else not mentioned.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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thank u
PostPosted: Mon Jan 11, 2010 8:04 pm 
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i would like to thank each and every moderator who replied to me in a timely fashion. you have all been a great help. i intend to use your advices to the fullest of my ability and will keep you all updated.


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Drive Suspended
PostPosted: Tue Jan 12, 2010 8:31 am 
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Location: Toronto
What are you under suspension for?

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


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PostPosted: Tue Jan 12, 2010 2:51 pm 
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its for impaired driving, unfortunately. the stupidest thing i have ever done.
is it possible for me to go to my first court date and request a trial by myself? i have an attorney lined up, but he's very expensive.


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PostPosted: Wed Jan 13, 2010 11:26 pm 
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You can request the trial by yourself.

You can also represent yourself (I think that this is what you are asking about).

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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