OHTA.ca

So I'm driving and get pulled over for a routine check and the officer tells me my licence has been suspended for losing too many demerit point . I had no idea since when I was sentenced and sent a notification in the mail, I had moved 2 days prior.

Regardless, my lawyer advised me to plead guilty, I was sentenced to pay a fine and learnt that my driving licence will be suspended for 6 months.

I cannot afford that, me and my family welfare depends on my driving (Im a service technician working on home calls). I was told that, in some cases, one can be granted a special licence allowing you to drive for work solely.

Has anyone experienced this?

How does one apply?

Should my lawyer have requested it before sentencing?

Can I ask for it on an appeal?

If you didnt know that you were under suspension, then you have a defense to the charge. Your "Lawyer" is giving you bad advice....

The prosecution has to prove that you "knew about the suspension" and or that you should have known.

If you hire a paralegal who knows about this type of charge I believe that you would have a good chance at getting the charge dropped. You would have to come to the court and testify to the Justice about the circumstances and that you did not know that you were under suspension.

The penalty for this charge is 6 months further suspension

1000 dollar fine

A dramatic insurance increase (High Risk Insurance Rates)

Many times I've seen where the charge is reduced to not having a valid license, which is a fine of about 200 dollars, no suspension, and no affect on your insurance.

blackoffi wrote:I was sentenced to pay a fine and learnt that my driving licence will be suspended for 6 months...Should my lawyer have requested it before sentencing?

OTTLegal, that sounds like it's already a done deal. Blackoffi is asking whether an appeal would be advisable, and whether there is some way to get a "special licence."

Thank you proper1 and OTT, your insight was very good, but tell me do I have a chance to present that fact if I request an appeal? (and pay the fine)

blackoffi wrote:Thank you proper1 and OTT, your insight was very good, but tell me do I have a chance to present that fact if I request an appeal? (and pay the fine)

Yes. You must, however, pay the fine 1-st

First of all, all the tickets you received to gain the points that got you suspended were invalid.

If you had any offences served on you by summons, points were not permitted to be applied for that offence, either.

What offences were you convicted of to get all these points?

Did you plead guilty out of court or were you found guilty after a trial?