OHTA.ca

I need advice. If I sound stupid or don't know proper terms, I apologize, I am unfamiliar with the legal system.

I was convicted of driving while suspended. (the suspension was for unpaid fines.) I was un-represented because I would not afford any. I plead guilty. There was a secretary-like woman who said "If convicted I may be suspended." or something of the sort. Whatever it was, I wasn't lead to believe it was inevitable.

The prosecutor said he wanted the minimum $1000. The judge agreed and also granted me time to pay. The end. No where in the 'sentencing' did they mention getting suspended. I left, licence in hand and drove home.

A month later, I got a letter in the mail saying I was suspended (retro-dated)

I called the court house and she said that another 6 months is automatic as if it were common knowledge.

Also, the information in the police officer's statement was a lie and the information they had on me was very incorrect. It said I was 5'5", 265lbs, brown eyes and brown hair. Meanwhile I'm 5'2", 95lbs, blue eyes and brown hair. Its like they were talking about an entire other person!!

Here are my questions:

Is it normal for things to be so unclear?

Is it normal for them to let you take your licence home with you if it's been suspended?

Has anyone ever NOT gotten an additional 6 months suspension for this?

Does the fact that they don't have their sh** together mean anything?

Here are my rants:

One gets suspended and charged a $150 reinstatement fee because they cannot afford to pay the original fine.

One gets caught driving under suspension so they can get to work (not out gallivanting, just going to work.) to afford to pay these fines.

One then gets convicted and given ANOTHER suspension, $1000 fine and another $150 reinstatement fee.

Am I the only one who finds this vicious-cycle a little counter-productive?

Because of all this, I've lost that job because I was too scared to drive there and get caught again, I've fallen behind on rent and have over a thousand dollars I have to pay the government!! I'm now working part time and will probably loose that job too.

Basically I need my licence to get to work to pay the money in the time I was given.

Any info or advice would be apprecated

If I were you, I wouldn't have pleaded guilty specially if the description are all wrong. Its pretty much setting them self up for failure but you made it easy and admitted to it.

I don't think there's much you can do if you pleaded guilty. I could be wrong but that's just my opinion.

I'm not sure if you're from Toronto but maybe you can file a complain and see if they can compromise.

Just make sure to explain yourself well and politely. Maybe an outlined form is better. Remember, you want them to feel bad for you and maybe ease up things for you.

oh and i'm sure you can take public transit as a backup to get to work until you sort things out with your license. just check the shed so you can get to work on time.

here's another link that might be useful for you.

Highway Traffic Act Re: Driving While Suspended in Ontario

sugartwinz wrote:The prosecutor said he wanted the minimum $1000.

Correct. The fine is $1000 - $5000.

sugartwinz wrote:The judge agreed and also granted me time to pay. The end. No where in the 'sentencing' did they mention getting suspended. I left, licence in hand and drove home.

The automatic penalty for driving under a suspended license is an extra 6 months.

When you left the courthouse and drove again, the penalty would have been, $2000-$5000, and or up to 6 months in jail if you were stopped.

sugartwinz wrote:I called the court house and she said that another 6 months is automatic as if it were common knowledge.

It's your responsibility to know.

sugartwinz wrote:Also, the information in the police officer's statement was a lie and the information they had on me was very incorrect. It said I was 5'5", 265lbs, brown eyes and brown hair. Meanwhile I'm 5'2", 95lbs, blue eyes and brown hair. Its like they were talking about an entire other person!!

You had a suspended license and you admit you were stopped while driving. The officer didn't choose for you to drive under suspension like he'd choose to give you a speeding ticket. It's pretty clear cut unless you are suggesting someone is using your I.D.

sugartwinz wrote:Is it normal for things to be so unclear?

All the details are available to you. It's your responsibility to know as a driver, just like you are responsible to know the Highway Traffic Act and all bylaws.

sugartwinz wrote:Is it normal for them to let you take your licence home with you if it's been suspended?

You are supposed to surrender your license to the Ministry of Transportation through the ServiceOntario Centre.

sugartwinz wrote:Has anyone ever NOT gotten an additional 6 months suspension for this?

No. The fine and/or jail time is at the discretion of the Judge. The 6 months is non negotiable unless the charge was changed.

sugartwinz wrote:Does the fact that they don't have their sh** together mean anything?

No comment.