sarahlonergan
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150 In A 80 Someone Please Please Give Me Advice

by: sarahlonergan on

Hi there, I am currently a g2 driver who has only had my car for a year and have had three speeding tickets

i currently sit with 3 demerit points and two days ago got my car impounded and got six more demerit points, i know if a g2 driver has six points their licence is gone for a month, but what is going to happen in my case? considering i now have nine demerit points. it would be sooooo appreciated if you could give me some insight on my mistake.

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Radar Identified
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by: Radar Identified on

Actually, at FOUR demerit points, as a G2 driver, your licence gets suspended for 30 days automatically.


Demerit points do not get applied to your licence until after you get convicted of an offence. That will not occur until your trial date for this offence. I'm going to assume that, by now, you've recovered your car from the impound lot. You'll still have to pay the $150 licence reinstatement fee for the administrative 7-day suspension of your licence that occured when you got your car seized.


What I would suggest you do is get a paralegal to represent you. Nine demerit points for a G2 driver is quite serious, and with a Stunt Driving conviction on your record, with a G2 licence, it is quite possible that your insurance company will terminate your coverage. At that point, you'll be looking at Facility Insurance (which is for high risk drivers), which is $12K+ per year. You need to do everything reasonably possible to get the charge reduced.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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Decatur
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by: Decatur on

Having some sort of legal representation would be a very good idea.

Recently I was in court and a G2 driver with a clean record was given a $2000 fine and a licence suspension of one year for driving 153km/h in a 60 km/h zone. (1 am in the morning)This was an agreed upon sentence between the prosecutor and defence. Of interest though is that the Justice of the Peace made mention that he was actually considering sending the driver to jail had there not been some sort of agreement on sentencing.

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hwybear
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by: hwybear on

gramps wrote:http://www.mto.gov.on.ca/english/dandv/ ... erit.shtml (from MTO's website)

Unless something has changed at nine demerit points a sixty day suspension for a G1,G2,M1,M2 driver. Also there is no points for a 50 over. You have a suspension for the offence.


HTA OREG 340/94 sec 9(3)(3) Novice driver will be suspended for 30 days for an offence which has four or more demerit points


HTA OREG 339/94 Table - 6 demerit points for being 50 + or for Racing or for Performing a Stunt


HTA OREG 339/94 sec 2 - If the COURT does not issue a licence suspension with a conviction, then demerit points will be added to the licence.

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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by: Radar Identified on

cruzmisl wrote:Forget the demerit points because your potential for jail time is more pressing at the moment.

Possible, but not likely for a first stunt driving offence. If there's a second stunt driving offence... then up to 30 days in the slammer would be likely. That said, if I read the original post correctly, four tickets in less than one year and one for 70-over might be sufficient for some of the more hardened JPs to hand out a few days in jail.


hwybear wrote:HTA OREG 339/94 Table - 6 demerit points for being 50 + or for Racing or for Performing a Stunt


HTA OREG 339/94 sec 2 - If the COURT does not issue a licence suspension with a conviction, then demerit points will be added to the licence.


Yes - forgot that. Either way, a further suspension is coming, either via the court or via demerit points, assuming there is a conviction.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
gramps
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by: gramps on

I was not aware of the novice driver escalating sanctions program. So for an offence of four points or more the 30 day suspension applies and for a second time of a four point or more offence a 90 day suspension applies. As stated above the demerit points are not the worry. Complicated to have a demerit point total suspension starting at 9 points but if convicted of a four point offence to incur a 30 day suspension. What I have seen in GTA/Niagara area is JP's being (my opinion) way too soft.

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