Trial supended by judge - what does it mean?

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Ben_Gosu
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Trial supended by judge - what does it mean?

by: Ben_Gosu on
Mon May 07, 2012 10:03 am

Hello,
I've been searching all over the internet for an answer to this, but it seems it doesn't happen to often and nobody talks about it.
I had a ticket for driving alone in the HOV lane (2+ passengers). I went to trial and in the end the judge said my explanation was not valid and the charges stand. I submitted some doctor's notes as evidence that they kept (as part of my defense was that I wasn't feeling well after a surgery and hesitated in what became HOV lane from another highway). I was confused in the end and asked "so how much do I have to pay and are there any demerit points" and the judge answered "I don't know about the demerit points, blah blah, it's the MTC's jurisdiction - but you don't have to pay anything - I AM SUSPENDING THE TRIAL"
Now...what does that exactly mean?... Am I still convicted, can my insurance still go up, or everything is scratched off by this "suspended trial"? Is the suspension permanent or temporary?
Any advise is greatly appreciated, thanks.




Ben_Gosu
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by: Ben_Gosu on
Mon May 07, 2012 1:48 pm

That's what I think as well: there is a conviction, but it's suspended. I understand there is no fine, what I don't know though is if the demerit points got applied and most important if it goes on my record and so my insurance would go up.
Thanks again.


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Simon Borys
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by: Simon Borys on
Fri May 18, 2012 10:05 am

Ben_Gosu wrote:That's what I think as well: there is a conviction, but it's suspended. I understand there is no fine, what I don't know though is if the demerit points got applied and most important if it goes on my record and so my insurance would go up.
If you received a suspended sentence (i.e. $0 fine) then there is a conviction, just no punishment. It is NOT that the conviction itself is suspended. Since there is a conviction there are points. They automatically accompany the conviction, regardless of whether there was a fine or not. Insurance is affected by whether there was a conviction or not, NOT by whether there was a fine or not.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


skywalker12
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by: skywalker12 on
Sun May 27, 2012 12:20 pm

Simon Borys - I heard that in Ontario the demerit points are calculated based on the $$ amount of the fine. not by the infraction type. (however some infractions are usually having high $$ amount and therefore fall under the high demerit points category).

Can you confirm or deny that?




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