OHTA.ca

Hello,

I am new to the boards, but here goes my unique situation.

I have had a valid drivers licence from age 16, I am now 30. I had a support suspension on my licence, which was withdrawn Nov 2011. I also had an unpaid fine from June 5th 2010 which left my licence suspended indefinitely in Nov 2010. I have paid my fine and reinstatement, but was informed that because I was suspended for more than three years I had to pay fees and re-test again. I understand the $150 reinstatement and the ticket but the over three years irked me. I asked what they were talking about as I had a warning from the Family Responsibility Office in May 2010 stating that if I didn't make payment within 30 days ie. in June 2010 (still less than three years ago), I would have my licence suspended, but was issued no formal letter of suspension. So I called up the MTO, this is what ensued:

Me: I have a dilemma

Agent: Explain

Me: I would like to know why when I was suspended in November 2010 does it say that is more than three years ago.

Agent: You were suspended in February 2010 for support arrears

Me: Then why when I was pulled over in June 2010 was I not charged with driving with a suspended licence?

Agent: Ask the police

Me: Explain

Agent: In February 2010 You received notice of suspension

Me: No I didn't

Agent: Yes you did

Me: Then why wasn't I arrested in June 2010?

Agent: not up to us that's local law enforcement

Me: I was still driving right up till Sept

Agent: then you were driving Illegally

Me: Did I reinstate before November 2010?

Agent: No

Me: When was I suspended for unpaid fine?

Agent: November 2010, we also issued you a letter in November letting you know you were suspended in February(THIS IS 9 FREAKING MONTHS LATE)

Me(Notably Frustrated): Explain to me how I can be suspended in February, drive through till september, and get a ticket in june for speeding, not get arrested or charged with driving while suspended, and then suspended again in November without ever seeing a piece of paper or paying a reinstatement fee?

Agent: you couldn't have been driving for that long as you were suspended in February

Me: I have a speeding ticket to prove that I was

Agent: All you can do is pay the fees and re-test there are no other options because our system says invalid since Feb 2010

Me: So I cant fight this

Agent: No

So, here is the Official timeline that I saw from my end:

May 2010: Received warning letter fro FRO that my licence would be suspended in 30 days if I didn't make a payment.

June 2010: Pulled over for speeding, ask officer if my licence is still valid he tells me yes it is and wrote me a speeding ticket.

July-Sept 2010: Continued driving, and rented a couple moving vans for friends and drove them

Oct 2010: Gave up Car(Dad needed it back)

Nov 2010: Informed about being suspended for unpaid fines(assumed it was FRO)

Oct 2010-Feb 2012: Stayed with dad, travelling to London ON for schooling(bussing)

Feb 2012: Tried to update address on Drivers Licence as I was going to stay in London, was informed it was suspended due to unpaid Fines(kept assuming it was FRO)

Last week(May 2013): Was informed FRO had reinstated in Nov 2011, and that my suspension was just for the fine in June 2010, when asked whats involved to reinstate they tell me I have to take all tests over again because I had been suspended for over 3 years.

Okay so, first question, How did I get suspended twice in same year without reinstating, second why when pulled over in June was I not arrested and charged when according to the MTO I was suspended in February of that year? I am student on Ontario works and cannot afford the fines and Fees I have already paid out, and do not need to pay an extra $125 and mental stress of having to test again all the tests. Is there anything I can do about this?

1) You can actually receive multiple suspensions on your licence at the same time. So even if youre already under suspension for support payments, you can be given another suspension for non-payment of fines.

2) It would be rare for an officer to simply ignore a suspension. My guess is that the officer either never checked the status of your licence or it wasnt showing correctly on the database

3) Im not sure how youd go about disputing dates with the MTO. Do you still have copies of any of the paperwork they sent you? Maybe contact FRO and see what records they have. Unfortunately I dont think its going to be an easy process for you.

Stanton wrote:

2) It would be rare for an officer to simply ignore a suspension. My guess is that the officer either never checked the status of your licence or it wasnt showing correctly on the database.

When I was pulled over for speeding he did take my licence back and run it, because of the warning letter from FRO I received in May of that year I asked him to. And he told me my Licence was valid and Current. So obviously nothing in Database....

Has to have been a glitch in the datatbase. A suspension for support payments is a mandatory seizure of the motor vehicle for 7 days and I just can't see anyone knowingly ignoring it. Guess it was your lucky day.

It does not have to be a glitch or anything. Sometimes cpic is down and we cannot run people, we still give out tickets when this happens. Sometimes we run people and actually miss the hit, or if your running over the radio the person doing it misses it . Or Sometimes we actually do not run people as there could be a bigger call taking up the radio if the cruiser does not have an MDT.

OPS

That was actually my definition of glitch but I didn't want to type it all