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Ontario Highway Traffic Act

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Notice of suspended license
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PostPosted: Mon Sep 29, 2008 9:19 am 
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A few answers would be appreciated :D

Much to my surprise I recieved notice of my license being suspended for default payment of a ticket $68.00 last week! (1st one in almost 6 years )
I paid the fine as soon as I recieved the notification of the suspension, then paid the $150.00 cash grab license reinstatement TAX, and waited 2 days before the suspension was lifted!

However I did not recieve the Notice of Coviction and fine amount, anyway I can get this reinstatement TAX back?
I drove for a period of 10 full days without any knowledge of the suspension, what would be fine for this? :?:

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PostPosted: Mon Sep 29, 2008 11:36 am 
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I know this is a little late but when you get the notice of the license suspension in the mail, you can request a reopening of the trial based on the fact that you did not get notice of trial or conviction. The license will be reinstated (it takes a couple of days) without any financial penalties or reinstatement fees and a new trial will be scheduled.

Having paid the fine, I don't see anything wrong with still requesting a reopening. You can ask the justice to issue an order for a refund. Though they will have to be in a good mood. Try arguing that you have been waiting patiently for you notice of trial which you never got. You can add that you had heard that thousands of cases are dropped every year without telling you. Express surprise at finding out you were suspended, add that you had been unknowingly driving while suspended which made you panic and pay the fine and reinstatement fee, and then argue that you didn't get your day in court and want to answer to the charge.

The penalty for driving while suspended is minimum $1k to $5k under section 53 of the HTA or the possibility of imprisonment though London (City) v. Polewsky, 2005 pretty much eliminated that.

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