OHTA.ca

Hello,

This morning I received three tickets:

1. Drive while under suspension

2. Fail to surrender insurance card

3. Drive motor vehicle no validation on plate

I was driving my mother's van which is uninsured and an expired sticker looking for insurance companies to get a quote. I'm back from travelling for a year abroad and wanted to get the car back on the road. Anyway, police pulls me over and gives me the tickets. He tells me my license is suspended, and I need to pay $150 to have it reinstated. I ask if it could be from parking tickets and he says possibly. So he calls a tow truck and they take the van. I didn't know that my license was suspended, and I have my passport to prove I was out of the country.

This is my first offence. What can I expect in terms of penalty? I'm probably going to hire a paralegal although since I've just returned last month I'm not employed. Needless to say, jail time is a scary proposition. My summons is for late April in Mississauga.

Let me know what you think. Thanks.

s. 52 of the HTA says that you are deemed to be notified that your licence is suspended 10 days after they mail you notice, UNLESS you can show that, through no fault of your own, you weren't notified. If you can prove you were out of the country, you MAY fall under this exception. I'm not saying you do, I'm just suggesting it is something you could look into.

1st offence is minimum $1000, but the JP does have statutory authority to fine you less than the minimum.

Thanks for your reply Simon.

How long does this process take? I have received a 'Summons to Defendant' to appear late April, but now I understand that this is not the trial date.

I can't guess at how long it would take. It depends on the jurisdiction and on your case in particular and how long you drag it on. If you want a trail it's going to be further in the future than if you want to plea. That's why I have no idea how long it will take for you.