Hi, So I was out for a drive last night to clear my head and was caught speeding at 146 on highway 6 near Caledonia which is an 80 zone. I deeply regret my actions and don't know what I was thinking. The officer pulled me over and said that he will have to impound my car and suspend my license for 7 days. However due to the courts being closed at this time, the court date I got is for October for a Summons.
What do I have to do next to get my license and car back? Do I have to pay a reinstatement fee at the Service Ontario? Ive seen a couple posts that said they didn't have to pay. My car got towed to Caledonia, which was about 3-5 km from where I was pulled over. How much will the towing and impound fee be approximately? Because my court date is in October, have I been convicted of anything yet? Will my insurance know about this until October? I ask because I want to know if I need to call my insurance company before picking up my car. Has any one had experience with the courts in Cayuga? How do the court hearings go?
I will reiterate, I made a mistake and do not think speeding is okay. I will be making sure that it doesn't happen again.
Any advice is appreciated and thank you all for the help
The 7 day suspension is what they call an administrative suspension. No, you haven't been convicted of anything. Since driving is not considered a right, these admin suspensions are legal and considered the norm.
Will your insurance know about it? Yes and no. Admin suspensions will show up on your abstract. The reasons behind them wont. Your provider is not supposed to change your rates based on these short term admin suspensions. Your rates will change if/when you're convicted.
As for what to expect, who knows. A good scenario would be if you were offered 49km over instead of 66. Whether that happens depends on different factors.
Hopefully someone else can reply about the process of getting your car back.
Thanks for the reply!
Is it necessary to involve lawyers for the first summon? Ive had no prior tickets but I'm not sure if lawyers are only necessary for trials or is it advisable even for summon.
I suggest you go to the first appearance without a lawyer. You'll get your disclosure and find out what the Crown is offering. If they offer you a 49 over speeding charge, just plead it out and count yourself lucky. You then saved yourself additional money on not needing to pay for legal representation. If they are unwilling to offer just a speeding charge, you should then take your disclosure to a lawyer or paralegal and see if there is a defense to be made.
Thanks for the reply!
How does the summons usually go? Ill get there an hour early. But do i just have to sit and wait or do I go to someones office to express regret? Some posts have said that the judge came to see them before the scheduled time. Other posts have said that they went to see the judge. My hearing will be in Cayuga, if that helps.
Just know that there are usually different prosecutors in the courthouse. Each deals with different types of offences. You want to speak with the Part 3 prosecutor. When you arrive, line up to speak with your Crown. They will either call you in to their office just outside the courtroom (next to the courtroom) or they may already be seated at a desk inside the courtroom itself. It'll be pretty obvious. The Crown will then give you your disclosure, find out if you have representation and likely make you some sort of offer. The meeting generally takes no more than 5 minutes since they have a lot of people to get through. Then, when the courtroom opens up, everyone goes in. Those pleading guilty or asking for an adjournment (remand) are called up first since their matter is quick. However, if you want to go to trial, they'll likely either give you a new date right in court or they will ask that you go back outside, speak with the trial co-ordinator (the front counter staff can help you find them), get a new date from him/her, and then come back inside the courtroom to actually let the court know the new date that you'll be coming back for your actual trial. They usually only set 'set date' adjournments directly inside court---that is, generally a 2 or 3 week adjournment to come back to court just to set your trial date. That's done because if you plan on hiring a professional they'll come in that day to let the court know their schedule so that the court knows they will in fact be available for that trial date. Generally though, trials dates are scheduled via the trial co-ordinator instead of directly via the court clerk inside the court.
Its not as complicated as it may sound. Just follow the flow---they will guide you through the process.
Thanks for the detailed post!
Do you know how much the tow + impound cost usually comes up to? I was told that if its an absurd amount then I can report it for scamming but idk if I believe that. They had to tow my car to an impound about 20 km away from where I was pulled over.
I don't know the exact towing/impound fees for Haldiman County, but in most Ontario jurisdictions it is generally (for most passenger vehicles), a towing pick-up fee of no more than $250 if within city limits (i.e. around 30km radius) and $4-$6/km extra. The daily storage/impound fee varies from $50 per night (if outside) to $80 per night (if inside).
Hey I'm not sure if you are still active on this forum, but do you mind telling me the outcome? I'm in a similar situation.
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