“Accident And Suspension”

I was in a single car accident where I slid off the road, I was charged with careless driving and driving under suspension. I didn't know that my license was suspended, no notice of it ether. I do remember that I have a outstanding fine (no notice aside from the ticket it's self) but I've been dealing with the man that has been in my life every day for 32 years (father) having cancer, bills went over due, back and forth to the doctor/hospital 1-3 time a week so I completely forgot about it. I'm the bread winner in the house hold and need my license to work.

Do I even have a leg to stand on in court?

Certainly a Justice of the Peace would have some sympathy for your situation, however that probably won't be enough to get you out of trouble here. Both offences are very serious. What I would recommend (strongly recommend) is that you seek some form of legal representation if you can afford it. Many paralegals and traffic lawyers offer free consultations, so I'd suggest calling around. Fighting this one on your own would be quite challenging.

Basically, if you get convicted of Driving Suspended, you would have an automatic 6-month further license suspension. What can be negotiated is that you would plead guilty to Drive with No Licence, which, I think, is about a $230 fine (don't quote me on that), but you avoid any further suspension. In the mean time, you can pay your outstanding fine and the licence reinstatement fee, to show that you've corrected the "oversight." That way, at least for now, you've got your licence back. As for Careless Driving, it is one of the most serious charges but also the hardest to prove. It is possible to plea-bargain it down to something like Leave Roadway - Not In Safety, which is much less serious of an infraction. Or, depending on how effectively the police did the paperwork and the evidence against you, it may be possible to fight both. But for now, what I'd suggest is go get a consultation.

I payed the fines and will receive my licence back. I did get a paralegal that knows the officer and he said basically the same thing for a out come as you said. I can't have the 6 month suspension because I'm 80% of the income to the house hold. First date is the 13th so I have to wait and see what's going to happen.

Since you quickly corrected the situation with your licence, that will work in your favour. Keep us posted, but I think you'll probably be okay.

Good luck with it.

So the court date was yesterday, and BOTH charges were WITHDRAWN! (Thank you OTT LEGAL Peterborough!)

Now my worry is wether or not my insurance company will pay the claim! Since the charges were withdrawn and not just reduced, are they still obligated to pay? In The Ontario Insurance Act under exclusions it states that a claim can be denied if CONVICTED of Drive while suspended.

Insurance should pay out without a conviction, but this will be deemed an at-fault collision and will likely affect your rates in the future.