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Ontario Highway Traffic Act

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17 with two tickets. Have a few questions.
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PostPosted: Sun Oct 21, 2012 3:10 pm 
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Alright guys, so here goes. I'm 17, and got my G2 back in April, I was driving a friends car recently (he was unfit to drive) and I hit someone while making a left turn. Now this is where it gets messed up, him being the owner of the car, he told me to run and flee the scene, so I did. Long story short, his license plate fell off when I hit the other car. and the cops tracked him down, and he told them I was driving. The cops came to my house and issued me two tickets, one for Failing to remain at the scene of an accident (Highway traffic act 200 (1) (a)) and the second is a "Left turn - fail to afford reasonable opportunity to avoid collision" (Highway traffic act 141(5). Both tickets are summons and my court date is in December, I'm going to consult a paralegal on Monday but for now, I wanted to ask a few questions:

1) What charges should I expect to face? (fines and points)
2) Would the judge go easy on me because I'm still a minor and it's my first conviction?
3) How should I go about reducing my fines and points?
4) How long will this be on my record? Because I've heard that once you turn 18 they clear (or seal) your records, is this also true for driving records or just criminal records?

Any help would appreciated. Thanks :)


PS. I'm new here, so if I posted this in the wrong section; Admin feel free to move it :)


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Re: 17 with two tickets. Have a few questions.
PostPosted: Sun Oct 21, 2012 6:02 pm 
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WOW

No help from me

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Re: 17 with two tickets. Have a few questions.
PostPosted: Sun Oct 21, 2012 8:33 pm 
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1) Failing to remain – 7 points; fine of $400 to $2,000; up to six months in jail; licence suspension for up to 2 years.
Left turn fail to avoid collision – 3 points; set fine of $110 (but the Crown can ask for an increased fine).
2) The fines/consequences are typically reduced on a first offence, but it’s case dependent. The fact that you left the scene will not be taken lightly by the Courts.
3) Probably should hire legal representation. If you’re convicted of failing to remain, you insurance rates will probably double at the very least (assuming anyone will still insure you).
4) No. It’s not criminal. If you’re convicted the record is permanent.


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Re: 17 with two tickets. Have a few questions.
PostPosted: Mon Oct 22, 2012 8:04 am 
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Thanks Stanton, so basically the points and tickets won't be taken off after 2 years (points) and 3 years (tickets)?


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Re: 17 with two tickets. Have a few questions.
PostPosted: Mon Oct 22, 2012 10:59 am 
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Demerit points remain on your record for two years from the date of the offence. Your actual conviction record is for life. Insurance providers may choose to overlook the conviction if it’s more than three years old, but it will still be there.


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Re: 17 with two tickets. Have a few questions.
PostPosted: Mon Oct 22, 2012 4:10 pm 
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Alright, is it possible that if I hire a paralegal that they would be able to remove them? Cause someone told me about this paralegal who can get rid of demerit points and take care of the tickets.


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Re: 17 with two tickets. Have a few questions.
PostPosted: Mon Oct 22, 2012 6:31 pm 
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How much help a paralegal can provide would be very case specific. Sometimes they can help you beat the charge outright, sometimes they can negotiate a plea deal to a lesser offence. It will really depend on the strength of the evidence against you and willingness of the Crown to negotiate.

In terms of demerit points, they’re non-negotiable. The only way to avoid them is to be found not guilty or work out a plea deal to a different offence that doesn't have any points.


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Re: 17 with two tickets. Have a few questions.
PostPosted: Mon Oct 22, 2012 8:41 pm 
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Hmm, alright, thanks a lot for the help Stanton! :) Greatly appreciated !


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Re: 17 with two tickets. Have a few questions.
PostPosted: Tue Oct 23, 2012 5:23 pm 
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Sorry to bring this up again. But my license will most likely be suspended right? :/


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Re: 17 with two tickets. Have a few questions.
PostPosted: Tue Oct 23, 2012 6:07 pm 
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I don't believe failing to remain carries an automatic suspension, but as a G2 driver your licence gets suspended for 30 days with any 4+ point conviction.


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Re: 17 with two tickets. Have a few questions.
PostPosted: Wed Oct 24, 2012 12:10 am 
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YouDontKnowMe wrote:
Sorry to bring this up again. But my license will most likely be suspended right? :/


Your license will be suspended. You are a novice driver and are subject to Novice Driver Escalating Sanctions.

YouDontKnowMe wrote:
2) Would the judge go easy on me because I'm still a minor and it's my first conviction?


LOL, No. You've been driving for like 6 months.


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Re: 17 with two tickets. Have a few questions.
PostPosted: Wed Oct 24, 2012 9:10 pm 
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bend wrote:
YouDontKnowMe wrote:
Sorry to bring this up again. But my license will most likely be suspended right? :/


Your license will be suspended. You are a novice driver and are subject to Novice Driver Escalating Sanctions.

First time I've heard of that :/, would you mind expanding on it a bit?

YouDontKnowMe wrote:
2) Would the judge go easy on me because I'm still a minor and it's my first conviction?


LOL, No. You've been driving for like 6 months.


Does that really make a big difference? I mean everyone gets into accidents? :/


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Re: 17 with two tickets. Have a few questions.
PostPosted: Wed Oct 24, 2012 10:59 pm 
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you said.

"Does that really make a big difference? I mean everyone gets into accidents? :

Last accident I had was 40 years ago I didn't run away or anything.

You need to grow up.

Cheers
Viper1

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Re: 17 with two tickets. Have a few questions.
PostPosted: Thu Oct 25, 2012 3:40 am 
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YouDontKnowMe wrote:
Does that really make a big difference? I mean everyone gets into accidents? :/


Yes, it's a big difference. You are still a G2 driver. You have yet to complete the Graduated Licensing System. You are on vehicular probation. The penalties are harsher on new drivers, not easier. Hence why you'll be suspended.

Also, you didn't get into an "accident". You were a hit and run driver. You would have been way better off just getting into an accident, which says a lot.


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Re: 17 with two tickets. Have a few questions.
PostPosted: Thu Oct 25, 2012 7:01 pm 
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YouDontKnowMe wrote:
Does that really make a big difference? I mean everyone gets into accidents? :/


I wasn't participating in this thread, but you have got to be kidding me.

Running away from a collision is not an accident. It's a deliberate decision you made, even if you panicked, and even if you took the advice of your "friend." (With friends like him, who needs enemies?) "I mean everyone gets into accidents?" The crash wasn't what got you in trouble. It was you failing to remain. Very few people flee from a crash scene.

If you go in to court with a similar attitude of "doesn't everyone get into accidents," they will throw the book at you.

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http://www.OntarioTicket.com OR http://www.OHTA.ca


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