OHTA.ca

Hi there, this incident occurred on the night of July 1st, so my deadline on this ticket is July 16th. I plan on going to the court office on Monday so I figured I'd see what the experts think about my case. As a result, I apologize for the long post, but I don't want to leave out any details.

I'm 20 with a G1 and a road test coming up, my friend is 25 and has had his G2 for over 4 years with over 5 years of licensed driving experience in Ontario and Nova Scotia.

My friend and I were pulled over on Dundas St. W near Woodchester in Mississauga around 10:45pm on July 1st. I was driving my dad's 98 Dodge Caravan. The roads were relatively empty and most of the traffic was made up of police cruisers. I noticed a white Dodge Charger cruiser drive up at an intersection. I had been doing 60km/h (posted speed limit) the whole duration. Once the light turned green, the cruiser pulled out ahead and I guess I was just being extra cautious and didn't accelerate fast enough on the uphill. But once the cruiser moved in front of me and then to the left lane, I accelerated back up to 60 and passed him. He stopped at a turning lane at an intersection to get behind me and pulled me over.

Initially he assumed I had had a few drinks although we were both obviously completely coherent and showed no signs of intoxication. He probably assumed two young guys in a minivan are probably going home from a party or bar. I don't ever plan on driving drunk anyways, just not my cup of tea.

The officer's reasoning for pulling me over was that he claimed that as soon as he pulled alongside us, I "went driving from a 20-year old to a 70-year old". I thought this was an exaggeration as I was simply giving him room to make a lane change.

While the officer was speaking to me, another cruiser pulled behind his car with two more officers exiting the car. I was taken to the back of the cruiser and was administered a breathalyzer test and blew 0.00. My friend at this time was told to spread his legs and place his hands over the hood of the minivan by the other officers. We had told them we had nothing suspicious or dangerous on our person or in the car and my friend had not said or done anything to make the officers think otherwise.

After the festivities were done, I returned to the car and the other officers drove off. I was given an $85 fine ($115 after a few pointless taxes) for "Class G1 license holder - unaccompanied by qualified driver - Regulation 340/94 of the HTA".

Since my friend was licensed in Ontario, then moved to Nova Scotia where he was fully licensed, and then came back to Ontario, all of his past driving experience does not show up on his license. I was under the impression his 5 years were enough.

My question is, do I have a case to defend in court? I have a road test coming up and plan to buy a car soon after my G2 and the thought of having a fine on my record is not pleasing.

Thanks for your time.

Ask your friend to look at his license - the older purpley trillium license would show four white dots on a red strip under his picture if he is qualified to accompany a G1 driver. I think the newer design shows four black dots on a vertical line beside the picture, but I'm not sure.

I don't think G2 drivers may accompany a G1 driver as they are not "fully licensed," although G2 driving experience does count when getting those dots.

Here's the regulation. I didn't read it all. You should.

What I saw though was that you needed a friend with you who is at least a class G. Your friend was a class G2.

Novice Licence Conditions

5. (1) The holder of a Class G1 drivers licence may drive a Class G1 motor vehicle on a highway if a holder of a Class A, B, C, D, E, F or G drivers licence or its equivalent authorizing the holder to drive the motor vehicle, who qualifies as an accompanying driver, occupies the seat beside the driver for the purpose of giving him or her instruction in driving the motor vehicle and the following additional conditions are met:

1. The novice drivers blood alcohol concentration must be zero at all times while he or she is operating the motor vehicle.

2. The accompanying drivers blood alcohol concentration must be less than 50 milligrams of alcohol in 100 millilitres of blood while the novice driver is operating the motor vehicle.

3. No person other than the novice driver and the accompanying driver shall occupy a front seat in the motor vehicle.

4. The number of passengers in the seats other than the front seats of the motor vehicle must not exceed the number of operable seat belt assemblies in those other seats.

5. The motor vehicle may not be driven on a highway designated by subsection (4).

6. The motor vehicle may not be driven by the novice driver between midnight and 5 a.m. O. Reg. 340/94, s. 5 (1).

(2) A person is qualified to act as an accompanying driver if he or she,

(a) is a fully licensed driver in a Class G motor vehicle;

(b) has been licensed in Ontario or another jurisdiction for at least four years except if the person is licensed as a driving instructor in Ontario; and

(c) meets the applicable requirements of the Act and the regulations, including any requirement to wear corrective lenses but not including any requirement for any special or modified controls applicable to the accompanying drivers licence.

http://www.e-laws.gov.on.ca/html/regs/e ... _e.htm#BK0

Graduated Licensing for Automobile Drivers

Class G1

New drivers of passenger vehicles learn to drive with six important conditions with a G1 licence. A new driver must hold a G1 licence for a minimum of 12 months before attempting the G1 road test. This time can be reduced to eight months if you successfully complete a Ministry-approved Beginner Driver Education Course . Drivers earn more privileges after passing their G1 road test.

As a G1 driver, you are required to:

* maintain a zero blood alcohol level while driving;

* be accompanied by a fully licensed driver, who has at least four years driving experience, and a blood alcohol level of less than .05 per cent, in case he/she needs to take over the wheel;

* ensure the accompanying driver is the only other person in the front seat;

* ensure the number of passengers in the vehicle is limited to the number of working seat belts;

* refrain from driving on Ontario's "400-series" highways or on high speed expressways such as the Queen Elizabeth Way, Don Valley Parkway, Gardiner Expressway, E.C. Row Expressway and the Conestoga Parkway;

* refrain from driving between midnight and 5:00 a.m.

G2 is NOT a full license:

New drivers earn full driving privileges in two stages and have five years to complete the program (Classes G1, G2, M2 or M2 with condition "L") and graduate to a full licence (Classes G, M or M with condition L).

http://www.mto.gov.on.ca/english/dandv/ ... ndex.shtml

I did read that section a while ago.

So does this mean I really don't have a chance in hell of fighting it?

Not Qualified?( the guy holding the licence should be making licence plates in Kingston)

Qualified?