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Ontario Highway Traffic Act

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2 tickets..what are my options/chances
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PostPosted: Mon Aug 08, 2011 1:22 pm 
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Joined: Mon Aug 08, 2011 1:00 pm
Posts: 4
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


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Re: 2 tickets..what are my options/chances
PostPosted: Tue Sep 06, 2011 12:31 pm 
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Joined: Mon Aug 08, 2011 1:00 pm
Posts: 4
bump!

anyone have some insight


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Re: 2 tickets..what are my options/chances
PostPosted: Tue Sep 06, 2011 12:56 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
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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Re: 2 tickets..what are my options/chances
PostPosted: Wed Sep 07, 2011 11:24 pm 
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Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
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.

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Re: 2 tickets..what are my options/chances
PostPosted: Wed Sep 14, 2011 6:31 pm 
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Joined: Mon Aug 08, 2011 1:00 pm
Posts: 4
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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Re: 2 tickets..what are my options/chances
PostPosted: Mon Sep 26, 2011 1:08 am 
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Joined: Mon Aug 08, 2011 1:00 pm
Posts: 4
anyone? please, court tommoprow


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