OHTA.ca

Hey folks

I live in Gatineau, which is just across the water from Ottawa. I moved to Gatineau Quebec about 3-4 months ago, and changed all my licences over, health card etc. I notified MTO of my new quebec address, they sent me a refund for my plates etc.

I was driving to work in Ottawa today and RCMP pulled me over on a side street. He said that I had unpaid fines of 125 dollars in Ontario and my license was suspended on July 28th 2014. I told him that I never got any paperwork to suggest a suspension, and that I would pay the fine immediately. He then told me that I was unable to drive and to call a friend to get my vehicle, and he served me with a court summons for driving while suspended.

Ultimately, I know I was wrong not paying my fine on time. Truthfully I forgot about it. However, if I had got the notice, I a) wouldn't have driven, b) would have paid it.

What am I looking at here? Who should I get for legal representation?

If you regularly commute to Ontario youll certainly want to fight the ticket because a conviction will result in an additional 6 month suspension. The lack of notice about your suspension isnt necessarily a defence if you were aware of the unpaid fine(s). Youd have to show some level of due diligence that you believed the fines were paid, etc.

Typically on a first offence the Crown will offer a plea deal to drive motor vehicle with no licence. The fine would be somewhat less and more importantly no additional suspension upon conviction. You could consult with a paralegal see if they think you might beat the charge. If not a plea deal might be your best bet.

Some things you need to know about the feds and court in Ottawa - it will always be on a Tuesday morning in room 103 - they change prosecutors reqularly which annoys the city prosecutors and jp's - if you have been charged under the HTA S. 53 you need to know if that officer has special constable status with the Ottawa police - if you have been charged under the national capital property rules & regs, then the maximum fine is 500.00 and there is no provision for a further suspension.

If you're charged under the HTA and he is a special constable with Ottawa - then, if convicted, you will face a minimum 1000.00 fine +25% AND a further 6 month suspension.

If you haven't done it already, I would advise you to get to 100 Constellation or 110 Laurier - pay the fine and get the receipt - with that receipt, get to an MOT and renew by paying the 150.00 re-instatement fee - you don't want this on your driving record if it can be avoided - the insurance implications are horrendous.