I am trying to find out how my husband can get back on the road: In 2000 he had an accident with no insurance with a hefty fine, due to financial reasons he could only pay a portion and now is ready to pay it off. His license was suspended due to the non-payment. In the meantime there is a judgement that has been filed against him for this in 2003(discovered on his Equifax and it looks like the driver of the other vehicle possibly?) We printed his driver's abstract to see what it said as we want to make the necessary arrangements to get him road-worthy again and it show both the unpaid fine suspension and an unpaid judgement under the HTA. Would this be in regards to the fine or the judgement by this other person. He had no notice of trial for the judgement and no nothing of it. Any idea where we go from here? What this would be? How to make arrangement? What to do? Thank you, Michelle
I am trying to find out how my husband can get back on the road:
In 2000 he had an accident with no insurance with a hefty fine, due to financial reasons he could only pay a portion and now is ready to pay it off. His license was suspended due to the non-payment. In the meantime there is a judgement that has been filed against him for this in 2003(discovered on his Equifax and it looks like the driver of the other vehicle possibly?) We printed his driver's abstract to see what it said as we want to make the necessary arrangements to get him road-worthy again and it show both the unpaid fine suspension and an unpaid judgement under the HTA. Would this be in regards to the fine or the judgement by this other person. He had no notice of trial for the judgement and no nothing of it.
Any idea where we go from here? What this would be? How to make arrangement? What to do?
First thing to do is get the fines paid off. Contact MTO (Driver Improvement Office) as that is a good place to start, or the court house. They should be able to start steering you in the right direction. He'll have to pay the fines, plus a licence reinstatement fee of $150. He may have to apply for a new licence due to the fact that its validity period surely expired during the time he was suspended. The fine and judgement on the Driver Abstract have nothing to do with any lawsuit or claim filed by the other driver. It is related to the collision, the fact that he didn't have insurance and the suspension. As far as the on Equifax claim, that's not surprising for a collision where a driver doesn't have insurance - the other person's insurance company goes after you directly.
First thing to do is get the fines paid off. Contact MTO (Driver Improvement Office) as that is a good place to start, or the court house. They should be able to start steering you in the right direction. He'll have to pay the fines, plus a licence reinstatement fee of $150. He may have to apply for a new licence due to the fact that its validity period surely expired during the time he was suspended.
The fine and judgement on the Driver Abstract have nothing to do with any lawsuit or claim filed by the other driver. It is related to the collision, the fact that he didn't have insurance and the suspension. As far as the on Equifax claim, that's not surprising for a collision where a driver doesn't have insurance - the other person's insurance company goes after you directly.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Thank you for your help. I have gone to the MTO office and they have directed me to go to the court office to find out what and how to pay the fine. As well they told me that there is a possibilty that they may settle for a lesser amount but do not know if this is true..I will find out. Also, the judgement was in small claims court, would my husband have to be served and have the opprotunity to go to court or is automatic...another question I will be trying to find answers to. Thanks again...it was of great help :)
Thank you for your help. I have gone to the MTO office and they have directed me to go to the court office to find out what and how to pay the fine. As well they told me that there is a possibilty that they may settle for a lesser amount but do not know if this is true..I will find out. Also, the judgement was in small claims court, would my husband have to be served and have the opprotunity to go to court or is automatic...another question I will be trying to find answers to.
Just a question in relation to the answer regarding suspension. Out of interest if a licence expires while suspended wouldn't that make the suspension erroneous in that the licence is no longer valid but dead (expired) ?
Just a question in relation to the answer regarding suspension. Out of interest if a licence expires while suspended wouldn't that make the suspension erroneous in that the licence is no longer valid but dead (expired) ?
Not really. The suspension and the expiry of the licence both would (in a legal sense) bar the owner from driving, but one doesn't cancel the other. For example, there are two different offences: Drive Suspended and Drive With No Licence. Drive Suspended is more serious - either you're under a court-ordered or administrative suspension (e.g. unpaid fines, BAC over 0.05, etc). Drive With No Licence could be something as simple as not renewing your licence when it is due, and continuing to drive. If his licence expired and he was suspended, he could be charged with both.
Not really. The suspension and the expiry of the licence both would (in a legal sense) bar the owner from driving, but one doesn't cancel the other. For example, there are two different offences: Drive Suspended and Drive With No Licence. Drive Suspended is more serious - either you're under a court-ordered or administrative suspension (e.g. unpaid fines, BAC over 0.05, etc). Drive With No Licence could be something as simple as not renewing your licence when it is due, and continuing to drive. If his licence expired and he was suspended, he could be charged with both.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I see what you mean... but the suspension ticket would be the one to give if licence was not expired. When something is expired it is not in effect/dead/not valid etc..... Therefore the Driving with no licence would be the one to be given in this regard. It only makes sense that way. You can't possibly give a suspended ticket when the licence in question is not viable.
I see what you mean... but the suspension ticket would be the one to give if licence was not expired. When something is expired it is not in effect/dead/not valid etc..... Therefore the Driving with no licence would be the one to be given in this regard. It only makes sense that way. You can't possibly give a suspended ticket when the licence in question is not viable.
I understand what youre saying from a semantic point of view, but thats not the legal interpretation. Its technically a suspension of a person's right to drive a vehicle, not their actual licence. Technically you can be suspended without even having ever applied for a licence.
Benjamin Button wrote:
I see what you mean... but the suspension ticket would be the one to give if licence was not expired. When something is expired it is not in effect/dead/not valid etc..... Therefore the Driving with no licence would be the one to be given in this regard. It only makes sense that way. You can't possibly give a suspended ticket when the licence in question is not viable.
I understand what youre saying from a semantic point of view, but thats not the legal interpretation. Its technically a suspension of a person's right to drive a vehicle, not their actual licence. Technically you can be suspended without even having ever applied for a licence.
PS. I dont see how someone can be suspended (unless by hanging ;-) ) A licence to use can be suspended from use. And a determination that someone be prevented from Driving (even without having applied for a licence) could be in effect. But a man/woman cannot be suspended only a licence.... thats why I want the Act/Section Thank you
PS. I dont see how someone can be suspended (unless by hanging ) A licence to use can be suspended from use. And a determination that someone be prevented from Driving (even without having applied for a licence) could be in effect. But a man/woman cannot be suspended only a licence.... thats why I want the Act/Section Thank you
It would be covered by the Highway Traffic Act and the Drivers Licence Regulation (340/94). Relevant sections under the HTA would be 32 and 53, and probably lots of sections under the OReg.
It would be covered by the Highway Traffic Act and the Drivers Licence Regulation (340/94). Relevant sections under the HTA would be 32 and 53, and probably lots of sections under the OReg.
Even an expired licence can be suspended. At that point you could technically be charged with 2 offences - 1 for drive no licence (because it's unlicenced) and 1 for drive suspended (because it's suspended), but the Kienapple Principle in criminal law would, I believe, prohibit a conviction on both counts simultaneously. One would have to be stayed before sentencing.
Even an expired licence can be suspended. At that point you could technically be charged with 2 offences - 1 for drive no licence (because it's unlicenced) and 1 for drive suspended (because it's suspended), but the Kienapple Principle in criminal law would, I believe, prohibit a conviction on both counts simultaneously. One would have to be stayed before sentencing.
OK well I guess the licence holder would need to revoke the licence then rather than leave it in 'expired' condition ? thank you for your helpful advice Simon.
OK well I guess the licence holder would need to revoke the licence then rather than leave it in 'expired' condition ? thank you for your helpful advice Simon.
In Ontario the issuing of a license by MTO grants you permission to drive on a highway. This permission, if your license expires, ends. The courts, along with MTO, can also suspend your license. In this case you are barred by provincial law from driving on a highway. The third level would be a prohibition imposed by a criminal court, which generally bars you from driving any motorized from of transportation anywhere in Canada. Any one, two, or three of these may apply to a person.
In Ontario the issuing of a license by MTO grants you permission to drive on a highway. This permission, if your license expires, ends. The courts, along with MTO, can also suspend your license. In this case you are barred by provincial law from driving on a highway. The third level would be a prohibition imposed by a criminal court, which generally bars you from driving any motorized from of transportation anywhere in Canada. Any one, two, or three of these may apply to a person.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
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I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
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I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
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My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
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I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
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I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
) A licence to use can be suspended from use. And a determination that someone be prevented from Driving (even without having applied for a licence) could be in effect. But a man/woman cannot be suspended only a licence.... thats why I want the Act/Section Thank you
Any suggestions on how to handle this? I can't afford to spend a day at the court 
