OHTA.ca

Hello,

So I was caught talking on my cell phone around end Jan and my court date is scheduled for 14th June. So it was genuinely an emergency, and I picked up when stopped at a traffic light, it was night time so it was pretty dark, and its also my first offense. I don't care about the demerit points since I'm moving in 2 months. And I can't even reschedule it because i'm moving. I just want to reduce the fine, because 500$ is a lot for me, I just graduated so I have OSAP loans to pay back, and I'll be a part time student starting Fall so I don't qualify for OSAP and have to fish out money from my own pocket to pay tuition.

Thanks!

If you take it to court and explain that, it's very likely they will at least lower the ticket. It's definitely worth challenging!

What exactly was your 'emergency'?

My family lives half way across the world. It was 4am there and they called which is very unusual

An unusual phone call from family that lives half way across the globe wouldn't be considered as an emergency.

Picking up the phone to dial 911 would be an emergency. In which case, the officer would obviously be made aware of an active emergency.

If your goal is to just have your fine reduced, it's best not to be too defensive during a resolution period.

The minimum fine is $300...prosecutor may, or may not go for that...you can also ask for extra time to pay.

bachodi wrote:Hello,

So I was caught talking on my cell phone around end Jan and my court date is scheduled for 14th June. So it was genuinely an emergency, and I picked up when stopped at a traffic light, it was night time so it was pretty dark, and its also my first offense. I don't care about the demerit points since I'm moving in 2 months. And I can't even reschedule it because i'm moving. I just want to reduce the fine, because 500$ is a lot for me, I just graduated so I have OSAP loans to pay back, and I'll be a part time student starting Fall so I don't qualify for OSAP and have to fish out money from my own pocket to pay tuition.

Thanks!

Hey man how did it go with the prosecutor? Were you able to get the ticket fine reduced? Also were you able to convince the prosecutor to get rid of the demerit points?

@Son_Jay92 the prosecutor has no power over the demerit points. There are no alternate charges under the HTA for 'Drive with hand-held', their hands are essentially tied.

HTA S78.1 carries 3 demerit points and if you're a novice class driver (G1 or G2) it's an automatic 30-day license suspension on conviction. Going below the minimum $300 + 60 (Victim Surcharge) + 5 (Court Fee) = $365 will require that you show real financial hardship.

Why is there an automatic suspension for G1 G2 drivers, it is only 3 points...the automatic 30 day suspensions kick in at 4 points; is there something I am missing in the cell phone section? I am not seeing where is specifically says there is an automatic suspension for this specific offence? I can't find anything to that effect in the section or regs...

They changed it 2 years back when they increased the penalties for handheld driving.

@screeech check REG 340/94

Novice Licence Conditions

9. (1) The Registrar shall, after giving notice, suspend or cancel the drivers licence of a novice driver as provided in subsection (2) in the following circumstance:

1. The novice driver is convicted of any of the offences described in subsection (3). O. Reg. 205/10, s. 6.

(2) Subject to subsections (4) and 10 (5), the Registrar shall,

(a) upon a novice drivers first conviction for any of the offences, suspend the drivers licence of the person for 30 days;

(b) upon a novice drivers second conviction for any of the offences, suspend the drivers licence of the person for 90 days; and

(c) upon a novice drivers third conviction for any of the offences, cancel the drivers licence of the person. O. Reg. 205/10, s. 6.

(3) Subsection (1) applies with respect to any of the following offences:

5. An offence under section 78 or 78.1 of the Act. O. Reg. 205/10, s. 6; O. Reg. 227/15, s. 1.

Thanks for the schooling!