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Ontario Highway Traffic Act

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Driving while under suspension
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PostPosted: Sun Nov 08, 2009 6:10 pm 
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Joined: Sun Nov 08, 2009 5:57 pm
Posts: 2
I was charged with driving under suspension. I was unaware that my licence was suspended die to an unpaid fine. I wa issued a summons. My question is in regards to the court date. Do I actually go to trial on the date of my summons or do I just go to let them know my intention (plea guilty or not guilty) and set a date for trial. If anybody could let me know that would be great. Also is there anything else I should expect on the day? Can I speak to a prosecutor with regards to a plea bargain? I've hears of many people being offered driving without a licence rather than driving under suspension in cases such as mine


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Driving While Suspension
PostPosted: Mon Nov 09, 2009 9:11 am 
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Jr. Member

Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
Driving while suspension has a fine of 1000 dollars, 6 months further suspension and up to 6 months in Jail.

The ticket the officer gave you is a summons to appear in court. The summons is for the defendant to appear before a Justice to respond to the charge.

Commonly this is called the "set date", on the set date it is just a date to enter a plea to the charge, the police officer does not have to be in attendance and the trial will not happen on that date.

On the set date the prosecutor may reduce the charge, but it is their option to do so. I suggest that you ensure that the fine has been paid and that you have the receipts with you.

If the prosecutor does not accept a reduce charge, this would be a charge where you should ensure that you are represented by a knowledgeable and confident paralegal as the implications of being convicted are serious.

As well a conviction for this charge will dramatically affect your insurance rates.

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


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