2 tickets..what are my options/chances

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innocent.i.swear
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2 tickets..what are my options/chances

by: innocent.i.swear on
Mon Aug 08, 2011 1:22 pm

In July 2010 i was pulled over and issued a minor speeding ticket in the city of toronto.

in december i was pulled over becasue my plate didnt have a valid sticker on (exp. in sept)
i informed the officer that the vehicle was not mine and that i was unaware that the plate was expired.

he looked in his computer and asked me if i knew that i was driving with a suspended licence. my jaw dropped in disbelief. i told him i had no idea. he proceeded to tell me that it was suspended becasue of an unpaid fine (speeding in july) and that the ministry send me a letter stating that. i told him i recieved no such letter.
he said "yeah right" and i reassured him that i never recieved a letter. the conversation ended there.

regardless, he issued me a citation for : DRIVING MOTOR VEHICLE WITH NO VALIDATION ON PLATE sec 7(1)(C) - $110
the other citation was for : DRIVING A MOTOR VEHICLE WITH NO/IMPROPER LICENCE sec 32(1) - $325

he said he let me off easy and wouldnt fine me for driving with a suspended licence and in return gave me a ticket for not surrendering drivers licence.

i have made several complaints to canada post for not recieving my mail, and im wondering if this will help me at all
i renewed my plate the day after i was pulled over

what does everyone think
my court date is in september




Stanton
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by: Stanton on
Tue Sep 06, 2011 12:56 pm

I think you got a pretty good break at the side of the road since you weren't charged with driving under suspension. I doubt the Crown will offer any further deals.

I don't think blaming Canada Post will be all that successful. You still have to explain why you didn't pay your fine and how you'd be reasonably unaware of your suspension.


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Simon Borys
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by: Simon Borys on
Wed Sep 07, 2011 11:24 pm

s. 52 of the HTA says you are deemed to be served 10 days after the letter is sent. The mere claim that you didn't receive it is not sufficient for a defence to the charge, but it doesn't really matter in your case, since you weren't charged with driving suspended.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


innocent.i.swear
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by: innocent.i.swear on
Wed Sep 14, 2011 6:31 pm

since this is my first time going to court in toronto, will i have an oppurtunity to meet with the prosecuter to talk over options, or do i go directly infront of a judge?

is there anywhere in the HTA that states how long it takes for a fine to go into default?

i have very legitimate reasons as to why my fine wasnt paid, but i doubt it will make a difference.

if the judge asks me details, do i have to tell him/her that my licnence was suspended since it wasnt documented on the ticket? is there a risk or raising the fine?

how will either of these infractions affect my insurance?

if i hire x-copper, what are my chances of getting these citations reduced or nulled?
thanks everyone for the helpful info




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