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I am about to be plead guilty for driving while suspended. while sitting in traffic court and watching peoples representatives i noticed that a couple of them got the fines reduced below the minimum citing that the fines will cause too great a stress on the individuals family. does anybody know what law or section was cited. I really wish i had written this down
Provincial Offences Act s. 59:
Relief against minimum fine
(2) Although the provision that creates the penalty for an offence prescribes a minimum fine, where in the opinion of the court exceptional circumstances exist so that to impose the minimum fine would be unduly oppressive or otherwise not in the interests of justice, the court may impose a fine that is less than the minimum or suspend the sentence.
Idem, re imprisonment
(3) Where a minimum penalty is prescribed for an offence and the minimum penalty includes imprisonment, the court may, despite the prescribed penalty, impose a fine of not more than $5,000 in lieu of imprisonment. R.S.O. 1990, c. P.33, s. 59.