Incorrect use of Carpool lane(HOV) Please help!

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evoboy2016
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Incorrect use of Carpool lane(HOV) Please help!

by: evoboy2016 on
Sun Apr 15, 2018 3:12 pm

In April, 2018, i got pulled over by an officer on 403, because I entered the HOV lane over the solid lines. My wife was also in the car. I got fined $110 for incorrect use of HOV lane 154 1(3). I paid the fine the next day, not knowing that we can contest it in Canada ( I am from Dubai and there is no way to contest fines there and also, it gets erased every year).

Only later did I realize that it comes with 3 demerit points and how nasty it is to have the demerit points.

I have gone to the higher court for an appeal. They have given me a date for the end of the month and a meeting with a prosecutor half an hour before the appeal.

Please advise what is the best course of action I can do to avoid the demerit points.
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Zatota
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by: Zatota on
Sun Apr 15, 2018 6:44 pm

There are three ways to avoid the demerit points: be acquitted at trial (not likely to happen), have the prosecutor withdraw the charge (not likely to happen) or plead guilty to a related offence that does not carry demerit points. While the prosecutor and JP can reduce a fine, no one can affect demerit points; they are applied by the Ministry of Transportation on conviction.

That said, demerit points aren't as "evil" as many people think. They have no effect on insurance unless one accumulates enough points to have his or her licence suspended. All that affects insurance is the severity of a conviction (minor, major or criminal) and the number of convictions. This offence would be considered minor for insurance purposes.

Unless the prosecutor is sympathetic and you're able to convince him or her that you misunderstood the process (you're an immigrant to Canada who's not familiar with our justice system, etc.), your appeal won't be successful. An appeal can only be successful if the JP made an error in law or erred in interpreting or applying evidence. The route that is more likely to work is reopening your case, but I don't know if that's an option after a guilty plea.
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