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Ontario Highway Traffic Act

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Help with driving while disqualified charge
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PostPosted: Tue Apr 15, 2008 10:05 am 
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On feb 22 2008, I received my D class license with Z endorsement back with the "I" Ignition interlock condition. While waiting for my appointment with Guardian Interlock Systems to have the unit installed, I was pulled over on Feb 27 for speeding (Dumb). The officer gave me 2 summons to appear in court. One was for the speeding, One was for the interlock conditon.
On March 11th I went to court and pled guilty to the speeding. Then they told me I was free to go. I told them there was another matter and they said they had nothing, I was free to go.
6 weeks later 2 officers show up in the middle of the night and serve me with a charge under the criminal code for Driving while disqualified and gave me a date to appear for fingerprints.
I took the Back On Track Program and it and every other piece of info I have found states that the driving without interlock is a Highway Traffic Act charge and is a $200-$1000 for non commercial vehicle, fine plus six months added on to my condition.
The officers stated that this is the first time they had delt with this in our small town and they had to do their homework. This is what they came up with.
How can I be disqualified when I in fact at the time of the offence and currently hold a valid license of a higher class then the officer who nailed me probably has?
I want to go to court and plead not guilty to this charge because I was not disqualified, I was violating a condition on my license. Same as not wearing glasses with the X condition on your license isn't it?
Any advise would be greatly appreciated.


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PostPosted: Thu Aug 07, 2008 8:42 pm 
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Based on the information that is out there it should have been just the fine and the extension of the period of the condition, unless I am mistaken.


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Re: Help with driving while disqualified charge
PostPosted: Fri Aug 08, 2008 8:37 pm 
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Posts: 2933
Location: In YOUR rearview mirror!
squarehead wrote:
How can I be disqualified when I in fact at the time of the offence and currently hold a valid license of a higher class then the officer who nailed me probably has?


What class of licence means absolutely nothing.

Here is info from the MTO site......
http://www.mto.gov.on.ca/english/safety/impaired/interlock/index.html#5

What are the penalties for not complying with the ignition interlock program?
Drivers convicted of driving without an ignition interlock device or for tampering with the device will face fines under the Highway Traffic Act ranging from:

$200 - $20,000 for commercial vehicles
$200 - $1,000 for other motor vehicles


Ignition interlock violations for tampering or driving without a device will be reported to the Ministry of Transportation. This includes Highway Traffic Act convictions and reports of tampering from the service provider. Program violations will affect the amount of time the condition remains on the licence. For example, the condition will remain on the licence of a first-time offender for an additional year from the date of a tampering report.

Vehicle owners who knowingly allow a person with an ignition interlock condition to drive their vehicle may also be convicted under the Highway Traffic Act.

_________________
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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