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Driving While Under Suspension

Posted: Wed Feb 17, 2010 9:52 am
by ccricket

My husband has his license suspended and one day we were at a restaurant at a strip plaza and my husband moved my car from one parking spot to another within that same parking lot and an officer charged him with driving while under suspension and can now face jail time because of it. Is this not considered a private parking lot, he had no intension of driving on the road, he only moved the car


Posted: Wed Feb 17, 2010 8:42 pm
by Radar Identified

Was he suspended due to a criminal conviction (e.g. impaired driving, dangerous driving) or was it due to something HTA related (e.g. too many demerit points, careless driving conviction with a licence suspension, unpaid fines)...?


Posted: Thu Feb 18, 2010 1:11 pm
by neo333

why did the officer stop your husband in the parking lot?


Posted: Thu Feb 18, 2010 11:50 pm
by Radar Identified
neo333 wrote:why did the officer stop your husband in the parking lot?

+1


That's a really good question...


Posted: Fri Feb 19, 2010 12:10 pm
by Traffic Law

This allegation surely does not meet the required elements of the charge.


Posted: Fri Feb 19, 2010 5:05 pm
by OPS Copper

"This allegation surely does not meet the required elements of the charge."


It sure does if it is a criminal code suspension. Criminal code suspensions are an "anywhere" offense.


The officer may have run the plate and noticed that it came back to a person who is suspended under the criminal code. Happens all the time.


OPS


Posted: Sat Feb 20, 2010 3:52 pm
by Radar Identified

OPS Copper wrote:Criminal code suspensions are an "anywhere" offense.


That's the big difference... as we know, an HTA-only suspension would not apply in a parking lot or driveway...


Posted: Sat Feb 20, 2010 6:11 pm
by hwybear

Radar Identified wrote:
OPS Copper wrote:Criminal code suspensions are an "anywhere" offense.


That's the big difference... as we know, an HTA-only suspension would not apply in a parking lot or driveway...


definition of highway includes "driveway" :wink:


Driving While Suspended

Posted: Fri Apr 02, 2010 9:33 am
by OTTLegal

The officer has to prove,


1. He was under suspension

2. He was driving a motor vehicle

3. He was driving on the roadway


If the officer did not see him driving on the roadway then the charge should be dropped. Unless your husband as numerous other driving convictions for driving while suspended it is very unlikely that he would go to jail.


As it is a serious charge you should consider having someone knowledgeable at court to represent you.