OHTA.ca

Hello,

I've been searching all over the internet for an answer to this, but it seems it doesn't happen to often and nobody talks about it.

I had a ticket for driving alone in the HOV lane (2+ passengers). I went to trial and in the end the judge said my explanation was not valid and the charges stand. I submitted some doctor's notes as evidence that they kept (as part of my defense was that I wasn't feeling well after a surgery and hesitated in what became HOV lane from another highway). I was confused in the end and asked "so how much do I have to pay and are there any demerit points" and the judge answered "I don't know about the demerit points, blah blah, it's the MTC's jurisdiction - but you don't have to pay anything - I AM SUSPENDING THE TRIAL"

Now...what does that exactly mean?... Am I still convicted, can my insurance still go up, or everything is scratched off by this "suspended trial"? Is the suspension permanent or temporary?

Any advise is greatly appreciated, thanks.

I'm thinking you were given a suspended sentence. You were found guilty, but there is no fine.

That's what I think as well: there is a conviction, but it's suspended. I understand there is no fine, what I don't know though is if the demerit points got applied and most important if it goes on my record and so my insurance would go up.

Thanks again.

Ben_Gosu wrote:That's what I think as well: there is a conviction, but it's suspended. I understand there is no fine, what I don't know though is if the demerit points got applied and most important if it goes on my record and so my insurance would go up.

If you received a suspended sentence (i.e. $0 fine) then there is a conviction, just no punishment. It is NOT that the conviction itself is suspended. Since there is a conviction there are points. They automatically accompany the conviction, regardless of whether there was a fine or not. Insurance is affected by whether there was a conviction or not, NOT by whether there was a fine or not.

Simon Borys - I heard that in Ontario the demerit points are calculated based on the $$ amount of the fine. not by the infraction type. (however some infractions are usually having high $$ amount and therefore fall under the high demerit points category).

Can you confirm or deny that?

Never mind, I just checked and it is based on specific offences, not on the $$ amount of the fine.

Please ignore my previous post.