Whether or not a given Crown Prosecutor in a given jurisdiction will seek jail time varies.
As the subject states, I'm in a heap of trouble. Dramatic increases in your insurance rates, appear at all court hearings on your behalf, attend all meetings and discussions with the prosecutor, prepare the case for trial and order the police report and disclosure, what actions did the defendant take to ensure that the licence didn’t go under suspension, and. 1998, c. 5, s. 25 (1).”. OTT Legal are experts at setting up licence reinstatement plans and we can do this for a minimal fee, usually getting your licence back in thirty (30) days or less. for each subsequent offence, a fine of not less than $2,000 and not more than $5,000, the driver did not know about the suspension, the driver did everything possible to avoid the suspension, the suspension was not valid or the notice or documentary evidence is improper, judge’s court order to suspend your licence. Trials can include legal motions, cross-examination and proper analysis of any documentary evidence. Drive While Suspended – Highway Traffic Act 53.1. }); Before pleading guilty to the charge, it is important you educate yourself on the consequences of a driving / drive while under suspension conviction and whether or not you have a defence to the charge. Trafficking or production (cultivation) of an illegal substance, Police powers to stop vehicles and question drivers, Roadside tests: Standardized Field Sobriety Test, Breathalyzer, and Oral Fluid Test, Police station tests: Blood, urine, saliva and DRE tests, Exceeding the legal blood-alcohol (over 80), and/or blood-drug limit (THC 2-5ng), Refusing to provide a breath, blood or urine sample, or undergo a SFST or DRE, Dangerous driving, criminal negligence, and careless driving, Failing to remain at the scene of an accident, What to do if you are assaulted or abused. Send us an email. Driving Offences Would you like to talk to someone about your driving while under suspension charge?
Fantastic service. If you are seeking invaluable professional legal representation this is the company to use. To erase your criminal record, call toll-free 1-888-808-3628
The essential elements to drive suspended may include the who, what, when, and where, but also did the offence occur on a roadway and with what type of vehicle. Unlike our competitors, we have seasoned lawyers on our side to craft a unique defense that will help us win your suspended license charges. What to do if you are 'suspected' of committing a crime, Role of criminal defence lawyers experienced with mental health or addiction issues, Mental health or addiction issues and fitness to stand trial, Reduced court punishments and mental health diversion. Were you aware that your licence was under suspension? The government, court and/or the Ministry of Transportation of Ontario can suspend your driver’s licence for: Licence suspensions mean that the driver is prohibited from driving a motor vehicle on the roadway for any reason in the Province of Ontario. They filed an appeal and I had my licence back in 3 weeks. If you forgot your password enter the e-mail address you used to register. Did you receive a summons for driving / drive while under suspension in the province of Ontario? One of the penalties not immediately evident from the above information is that a conviction for Driving Under Suspension will also result in a further mandatory 6-month driver’s licence suspension.
Our offices can represent you in traffic court to fight your ticket. Hence, those drivers who have been convicted in driving offences can have their driving license suspended or even revoked. Kept me updated throughout the process. ★★★★★ The trial became technical, with legal arguments back and forth, OTT was great. Calvin Barry Criminal Lawyers. A record of conviction for Driving Under Suspension can result in increased insurance costs that could readily exceed the fine issued by the Court, or being cancelled from standard insurance carriage and having to seek out high-risk insurance coverage. Other times a driver may be aware of the suspension but not realize how severe the penalties are for driving on a suspended licence. ★★★★★ Thankfully I had OTT on my side, don’t go to court yourself get help, you’ll need it. When charged with driving while suspended, the first we’ll want to do is find out why you have been suspended. Driving Under Suspension. Here are the penalties that apply to drivers in Ontario as of January 2019.
if (id) { If your city is not in the list please select the closest city to you. 1997, c. 12, s. 7 (2).”.
Legal advice can only be provided by one of our licenced paralegals after speaking with you, reviewing the specific details of your case, and having received your signed retainer agreement.
If the cost of obtaining automobile insurance becomes prohibitively expensive, this could prevent you from being able to legally drive with insurance well beyond the 6-month suspension due to the conviction itself.
When you call OTT Legal, you will speak to former police officers from the Toronto Police Service, Ontario Provincial Police, and paralegals, all licensed by the Law Society of Upper Canada. Dramatic increases in your insurance rates; Suspended driving is a serious charge where you could lose your licence or be sent to jail. ★★★★★ I was suspended for a medical condition, I was subsequently cleared by my doctor but the MTO kept asking for more. It is an offence under both the federal Criminal Code, and the provincial Highway Traffic Act to drive while your driver’s licence is suspended. ★★★★★ I couldn’t pay the fines and needed to drive to work, I was caught 3 times and the prosecutor wanted 3 months in jail. Do the police need a warrant to arrest you? your automobile insurance policy will probably not cover damage to your vehicle, you may not be eligible to receive certain other benefits, such as income replacement benefits, and. The explained the reinstatement process got me on a payment plan and got my licence back, Many Thanks. Prior convictions are determined to be subsequent if they are within 5 years of the current offence as detailed under section 53, subsections (2) and (2.1): “(2) Where a person who has previously been convicted of an offence under subsection (1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1) (b).
How to make a complaint against a police officer. We are known for the level of attention we provide to each and every case, as well as our innovative and successful defense strategies.
Last week we looked at some of the causes of a suspended driver’s licence in Ontario.. © 1993-2020 License, Legal Line, a Federal Not-for-profit Corporation.
Your vehicle will be impounded for a minimum of 45 days. Speaking very generally, there are five categories. ★★★★★ Excellent service, was facing a driving under suspension penalty of 6 months suspension and up to $2000. DRIVING WHILE UNDER SUSPENSION IN ONTARIO.
If you have previously had your license suspended in Ontario, it is a major offense to be found operating a vehicle. Disclaimer: The information contained on this website and blog is for general information only and is not intended to be legal advice. Copyright 2014 Mavericks Legal Services PC, Driving with Suspended License in Ontario.
Driving While Suspended in Ontario . jQuery(function ($) { Upon conviction, you will be subject to a further suspension for a period of six months under the Highway Traffic Act. for a first offence, a fine of not less than $1,000 and not more than $5,000; and. } } It is important that drivers pay the fine and reinstate the licence as soon as possible after being charged by the police. If you have been charged with any criminal offence, and need to hire a criminal defence lawyer, contact our preferred experts: The Criminal Law Team In Ontario, there are many ways in which you can lose your driving privileges. I went to OTT and explained my situation. Our staff can be reached via our toll-free number 1-844-647-6869 or by email at info@otdlegal.ca. Contacting us through our website does not establish a paralegal-client relationship. ★★★★★ I had a great experience with OTT Legal. (b) for each subsequent offence, to a fine of not less than $10,000 and not more than $50,000, or to imprisonment for a term of not more than six months, or to both. For all other types of licence suspensions, give us a call for free advice about how to fix your driving licence suspension issues. or to imprisonment for a term of not more than six months, or to both.
(2.1) Where a person who has previously been convicted of an offence under subsection (1.1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1.1) (b). ★★★★★ Was very happy with the company.
Again, these penalties are harmonized with those created for driving under the influence of cannabis. Yes, it is worth fighting your driving / drive while under suspension charge.
Fight Your Suspended Driving Ticket Today, the traffic court notifies the Ministry of Tranport, the Ministry of Transport suspends drivers licence, notification is sent to the driver via mail, notice is sent to the current or “last known registered address” of the driver, they were honestly unaware of the suspension, that they did not know or should not have known, their address was up to date with the Ministry of Transport, that they acted reasonably in collecting their mail at reasonable times, that upon receiving the original fine, that they acted as a prudent person would reasonably do, mandatory additional six (6) months suspension.
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