“Unknowingly Driving With A Suspended G2 License”

First off, I am 27 Years Old and a G2 Driver. I work a trades job and require my truck and to be able to drive for my livelihood.

A few months ago, I got a speeding ticket for going 104km/h in a 60km/h zone. I planned to just plead guilty, pay the fine, and save myself the time of going to court. Being a new driver, I wasn’t thinking of demerit points. Needless to say, a couple months passed and I completely forgot about it. I did not attend court or pay off the ticket. I also moved from Toronto to Newmarket and never updated my address, which is why I was not properly notified. My own mistake/carelessness, I know.

This week, I was pulled over for going 87 in a 60 zone. The officer also told me that I was driving on a suspended license. I had no idea. Because I plead guilty to the 104 in 60 which I never attended trial, my license was to be suspended for 30 days as a G2 driver and getting 4 demerit points. I obviously did not turn in my license because I was not aware of the situation. My truck also ended up getting towed and impounded for 7 days. I was given two tickets, 1. For 87 in a 60 and 2. For Driving with a suspended License. My court date is in a month and a half. Other than the 104 in 60 and the two most recent tickets, I do not have anything else on my driving record. If it matters, today I went to the MTO and paid off my outstanding ticket, changed my address, and started the 30 day suspension.

I am wondering what my options are to not be suspended from driving any longer than the current month and if possible to reduce the current 30 day suspension as I already cannot work. Anything longer and I will likely lose my job.

You need to hire a lawyer or paralegal. The least of your worries is whether you get an additional suspension---which you will if found guilty!

Driving while suspended (under s. 53(1)) carries a minimum fine of $1000 to a max fine of $5,000 and/or up to 6 months in jail! Your license will also be suspended for 6 months (as per s.53(3).

I don't know if you were aware of how serious that charge is. Hence, you need the assistance of a professional and really shouldn't self-represent or get 'internet advice'.

Having said that though, if there is nothing more aggravating to the story, its possible the prosecutor may allow you to reduce the charge to "drive motor vehicle--no license" along with a guilty plea to the speeding charge as is. Or, if they do decide to proceed on the suspended license, only ask for the minimum $1000, but remember that carries a 6 month additional suspension.

What do you think my chances are of reducing the charge to driving with no license?

I don't think the odds are in your favour. After all, you are 27 years old (not a teenager anymore!), and really haven't shown that you care about consequences since 1) you were caught speeding (twice) with a G2 within months, 2) did not pay or address your ticket on time; and 3) didn't notify of his address change (which could have been another charge).

The prosecutor may take pity on you if you present yourself in a positive light and they don't want to destroy your job. However, its likely going to take some luck on your side. This is definitely NOT the type of case where you take an aggressive or combative position.

If not offered a plea deal on first appearance is it unlikely that you will be offered one at all?