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Ontario Highway Traffic Act

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Trial in 2 days - Question about Ticket Details
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PostPosted: Mon Jul 07, 2014 1:45 am 
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Newbie

Joined: Sun Mar 02, 2014 9:26 pm
Posts: 12
The trial is in 2 days and I just noticed that the the ticket I received has 'Highway Traffic Act 44.1 (3)" on it.

A quick google search shows me that the act in question refers to BAC>0 for G2 drivers and part 3 states the maximum penalty as a fine between $60 and $500.

Does this mean, my license will not be suspended if I were to plead guilty and just pay the thing off?

Subsection 4 contains the suspension penalty.

Also, how do I prove undue hardship? A suspension means immediate termination and a pseudo industry ban which means I might as well kill myself since I'd die of starvation anyway


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Re: Trial in 2 days - Question about Ticket Details
PostPosted: Mon Jul 07, 2014 8:18 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Yes, the suspension would still apply. Unfortunately the decision to suspend you isn’t made by the Courts, it’s made by the MTO. I’m not aware of any way to argue the suspension, basically it’s automatically applied once the MTO sees you’ve been convicted in Court.


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Re: Trial in 2 days - Question about Ticket Details
PostPosted: Mon Jul 07, 2014 12:16 pm 
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Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
Before trial you could ask for a reduced charge that does not involve a suspension. Otherwise, if the stakes are so high and you are not prepared for trial you could ask for an adjournment so that you can hire someone to represent you. Be prepared to hear NO but anything is possible.


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Re: Trial in 2 days - Question about Ticket Details
PostPosted: Mon Jul 07, 2014 9:44 pm 
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Joined: Sun Mar 02, 2014 9:26 pm
Posts: 12
Ah nuts. Thanks anyway.

ynotp: Good idea but I wouldn't be able to afford legal help anyway.


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Re: Trial in 2 days - Question about Ticket Details
PostPosted: Tue Jul 08, 2014 10:30 am 
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Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
Whatever the outcome, do yourself a huge favour and do not even think about driving under suspension. The compared to what you are facing the penalties for driving while suspended are huge, both from the additional suspension and insurance ramifications.


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