OHTA.ca

Ok, so a few years ago I moved from Ontario to the US to live and work.

I handed in my Ontario drivers license and became licensed in that state.

During my residence in the US, I came back to Ontario for a visit, was pulled over because of an expired tag. Although I presented my US drivers license I was charged with driving while under suspension. My Ontario license was suspended due to unpaid fines.

I was subsequently convicted (I was not in attendance / long story).

I am appealing the conviction. My question, is do I have a case?

My defence is that you can only have one license. And since I was licensed due to residence in another state, I shouldn't have been charged with driving while Ontario license was suspended.

Thoughts?

Thanks

FastNAwesome wrote:I was subsequently convicted (I was not in attendance / long story).

I am appealing the conviction. My question, is do I have a case?

My defence is that you can only have one license. And since I was licensed due to residence in another state, I shouldn't have been charged with driving while Ontario license was suspended.

You got a couple problems here. First of all, an appeal isn't a do-over. During appeal, you'll provide reasons to why you should receive another trial.

Second, you've currently got no case. Your new license doesn't supersede your Ontario license (even if it isn't valid) while you're driving in Ontario. If you owe money in fines and they've suspended your license, you aren't a valid driver. It doesn't matter what license you have in your pocket. You could live in another state for 10 years with a valid license, come back to Ontario, and still be charged with Driving with a Suspended License.

FastNAwesome wrote:My defence is that you can only have one license. And since I was licensed due to residence in another state, I shouldn't have been charged with driving while Ontario license was suspended.

As Bend explained, that's not a defence.

It was an old trick from way back, if you got suspended you would change your address to your cousin's address in another province, get a licence there, and keep on driving here...It flat out does not work...You will be charged and will get a further suspension on your licence if convicted.