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When do demerit points take effect?
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PostPosted: Thu Oct 01, 2009 2:23 am 
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Sorry for what seems like a simple question. The MTO website states "Demerit points stay on your record for two years from the offence date". Other places i've searched aren't really clear and hint that they may start at the date of conviction. If a trial takes 2 years to resolve from the offence date, have the points already been lifted off your record?


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PostPosted: Fri Oct 02, 2009 8:56 am 
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HTA OREG 339/94
2. If a person is convicted of an offence under a provision of an Act, regulation or municipal by-law set out in Column 1 of the Table to this Regulation and the penalty imposed by the court for the conviction does not include a period of licence suspension, the Registrar shall record in respect of the person, as of the date of commission of the offence, the number of demerit points set out opposite thereto in Column 2.

“conviction” includes a plea of guilty or a finding of guilt

*************************************
that above appears that it is from the offence date only, not conviction date....anyone else want to guess?

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Fri Oct 02, 2009 2:03 pm 
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Thanks for the reply. I pulled my abstract and the points definitely reflect the date of the offense, not the conviction date.


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Demerit points
PostPosted: Sat Oct 03, 2009 10:01 pm 
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Demerit points go on your driving record for 2 years from the day that you received the ticket.

The points are not applied until there is a conviction registered with the court. So if it takes a year for your ticket to go on your driving record, your record remains clear until the conviction is registered. Then the points would be removed after one year.

Subsequently you always want to file for a court date to delay the ticket going on your driving record for as long as possible.

The conviction stays on your driving record for 3 years from the court date or the date the ticket was paid, not the date you received it.

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Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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