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Disqualified / Suspended? Driving While...?

Posted: Wed Jan 12, 2011 12:52 am
by freespeech

So my son (6) on his bike looks both ways, doesnt see the suv, then starts to cross, all of a sudden was hit by the suv, flew about 40 feet away, got stuck under a compact car across the street, the guy got out of the suv, seen my son under a car, left him there, left his suv there but ran. the police later find him and charge him with fail to remain and driving disqualified. whats the difference between suspended and disqualified? and why was he not charged with hit and run? not to mention the guy was drinking too, but didnt blow over so got off on that one


yes my son is lucky to be alive... he sustained serious injuries. was flown to a childrens hospital, has suffered brain injury and more.


Re: Disqualified / Suspended? Driving While...?

Posted: Wed Jan 12, 2011 6:13 am
by hwybear

First off, from reading this my thoughts and prayers for your son, you and your family.


Driving under suspension = Driver licence suspended by Province of Ontario for an offence under the a provincial statue, most often HTA (unpaid fines, fail to pay child support, demerit points, provincial court ordered due to provincial offence, medical reason or legislated for a certain convictions)


Driving Disqualified - Driver licence prohibition by Canada and it is a criminal offence. When someone is comvicted of impaired driving or dangerous driving or flight from police they are then given a penalty, prohibiting them from operating any motorized vehicle (car, boat, riding lawnmower, golf cart etc..) in Canada


Hit n run = USA What we have here is "Fail to Remain" which can be laid via Criminal Code and/or HTA.


Re: Disqualified / Suspended? Driving While...?

Posted: Wed Jan 12, 2011 11:11 am
by admin

Sorry to hear that...I hope the driver gets in a lot of trouble.


My thoughts and prayers for your son and your family in this time of pain and suffering you guys are going through.


Re: Disqualified / Suspended? Driving While...?

Posted: Wed Jan 12, 2011 1:44 pm
by Radar Identified

I am very sorry to hear of this. My deepest sympathies. I wish your son the speediest recovery.


As for the offence, as hwybear says, a "disqualified" driver is someone who has had his/her licence revoked for a criminal matter. There's really two stages in your driving privileges: Being qualified to have a licence, and keeping the licence valid (so to speak). I guess one way to look at it is that a suspension means that you are qualified to have a licence, but you did not fulfill the terms/conditions (e.g. too many tickets, etc), so your licence is not valid. Disqualified means you cannot hold a licence and cannot drive, period, and it is a Canada-wide prohibition.


Driving disqualiifed is much more serious than driving suspended.