Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. |
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09-08-2011, 01:59 AM
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#1 | | Everyone wants a piece of R S...
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| "Driving while suspended?"
So i got a notice that i must hand in my license due to 2 tickets i got have me over 4PTS. I am a new driver, 1st one was i had a rolling stop in a residential area and 1 too many passengers. So i got the suspension letter BUT i received it late due to the postal service being on strike.
So when i received the letter it was like 1 month later than i would've gotten it. On the notice it says if u have a good reason why it shouldn't be suspended or the period should be shortened hand in a letter explaining why and the 100$ non-refundable fee. Since i work at a dealership i couldn't afford to lose my license.
So i ask my boss for a letter saying why i need my license and his contact info and such and such. So i still have my license with me at that time, then 1 day before i was going to mail everything to the superintendent, i got randomly pulled then said my license was invalid and that it was already suspended and i asked how? because i still had my license card at that time, and they said that if i didn't hand it in 21 days after it was mailed out its automatically suspended. Since i was caught basically driving while prohibited, i have a court date coming up and just wondering if its my fault i got the letter late and that i do have a valid reason why i need my license, i have the letter from my boss still too,
do you guys think the judge could return my license to me if i tell them what happened? my boss was going to offer me an apprenticeship for 1st year and cannot take it if i don't have the license to work. so now im currently not working and if my suspension is extended even longer could ruin my future and basically lose my job.
i was just wondering what i should do or say to the judge, any input on the situation would help
thanks
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09-08-2011, 04:55 AM
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#2 | | I bringith the lowerballerith
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Make a copy of whatever your boss gave you, and write a letter of explanation to the OSMV and send it with the letter/call them. It may, or may not, assist your cause. At this point, I'm not sure that there is much more that can be done.
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09-08-2011, 09:45 AM
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#3 | | ninja edits your posts without your knowledge
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Your suspension starts the day noted on the letter. It does not matter if you sent in your license. It seems that you think that just because you have you license (the actual card) that you're not suspended. This is not the case.
It seems like you took your time getting whatever it was you needed and the postal strike delay certainly didn't help. This may work in your favour but then again, it seems like you were in no rush to send it in.
Like sho_bc says, I'm not sure what else can be done.
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09-08-2011, 10:46 AM
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#4 | | Throw yo paws in da air!
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i think the part were you did wrong was still drive. it's cool if you wanna keep it til you send it the letter regarding why you should keep it and all, but you shouldn't have been driving
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09-08-2011, 01:03 PM
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#5 | | Everyone wants a piece of R S...
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the only reason i didnt hand it in because i needed my license for work, i almost havent worked for like a month and a half, since i was caught. my uncle got into the same situation and at court said he needed his license for his job and the judge asked what does he do he said production but he does car pool he doesnt need it at work but ppl depend on him to get to work. but the judge said unless u work at a place that involves ur license such as (delearships, detail shop, parts delivery etc..) u dont really need it. Im just scared it might ruin something that i have at work right now, and i was trying to get an earlier court date and the cop didnt have hand in the appeal to the court yet.
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09-08-2011, 01:14 PM
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#6 | | Rs has made me the man i am today!
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I highly recommend to get a lawyer involved. A friend of mine was in the same position and the lawyer was able to help him to retain his license. Do not respond to the MVA till you consult a lawyer.
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09-08-2011, 01:35 PM
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#7 | | RS Veteran
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driving with a suspended/invalid licence is just as bad as driving without the actual card.. the card really doesn't mean much if it isn't valid.
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09-08-2011, 01:47 PM
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#8 | | Everyone wants a piece of R S...
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i know, obviously im pleading guilty im not fighting it at all, just wondering know if i can get my license back at court if i tell them what happened? i just graduated from high school and my boss just put me on full time so i can work up to do my apprenticeship, and i just need my license back for work so i can continue to work up for it. even a temp license from 8am-5pm would be good enough just for me to work.
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09-08-2011, 04:27 PM
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#9 | | I am grateful grapefruit
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what sort of timeline are you talking about here? like how long were you meant to be suspended for? When did you receive the tickets, when were you meant to receive the letter, when did you actually receive it, when did you get pulled over.
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09-08-2011, 06:23 PM
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#10 | | RS Peace Officer
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Your best bet is to call a lawyer that deals with this on a regular basis.
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09-08-2011, 06:43 PM
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#11 | | I subscribe to Revscene
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Suspension for a rolling stop with too many people in the car. What on earth have we come to in this province?
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09-08-2011, 06:55 PM
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#12 | | Retired Traffic Cop
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| Quote:
Originally Posted by sebberry  Suspension for a rolling stop with too many people in the car. What on earth have we come to in this province? | Ooops! Didn't see that semi doing 90 km/h until he started coming through the passenger door....
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09-08-2011, 07:01 PM
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#13 | | I subscribe to Revscene
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| Quote:
Originally Posted by skidmark Ooops! Didn't see that semi doing 90 km/h until he started coming through the passenger door.... | If the semi is doing 90kph in a residential area, I think there are bigger problems.
Besides, you have the stop line, then the pedestrian crossing to drive over before you get t-boned by the semi. Rolling over the stop line at 2kph when you can clearly see that the crosswalk is unoccupied and there are no pedestrians isn't going to get you killed by a speeding semi.
What I do take issue with are the people who cross it at 10kph and hit the brake hard as they get to the far side of the crosswalk. If you're driving on that cross road and see someone shooting past the stop sign, it's hard to tell if they're going to stop or become your new hood ornament.
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09-08-2011, 08:20 PM
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#14 | | ...on a mission....
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| Quote:
Originally Posted by CRS Your suspension starts the day noted on the letter. It does not matter if you sent in your license. It seems that you think that just because you have you license (the actual card) that you're not suspended. This is not the case.
It seems like you took your time getting whatever it was you needed and the postal strike delay certainly didn't help. This may work in your favour but then again, it seems like you were in no rush to send it in.
Like sho_bc says, I'm not sure what else can be done. | Your suspension does not start on the day noted on the letter. It starts when you achnowledge the suspension ...... only then! Now....IF (and it should have been) sent by registered mail, and YOU (the suspended driver) signed for it...y ou have achnowledged it. If someone else picked it up, and never told you....you are not knowingly driving while suspended. In that case, the suspension may start if you get pulled over for a broken light or something like that. The officer will then "serve" you the notice of suspension and the suspension begins at that point. It has to be achnowledged by you, or served by an "officer of the court" for the suspension to begin.
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09-08-2011, 11:53 PM
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#15 | | Everyone wants a piece of R S...
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i got the letter mid july? but the letter was dated JUNE 2nd, and then i was working on the hand in letter, got caught aug 1st? havent been driving since then, and the suspension was only 2months. Police said that the lawyer isnt necessary due to im alredy guilty but im just wondering if the judge will take my job situation into consideration. i have no criminal record or anything, basically my first offense. do i really need a lawyer if i am guilty? first time in court.
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09-09-2011, 07:33 PM
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#16 | | Rs has made me the man i am today!
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Man are you stupid. Lawyers can lesson the verdict here or even get you out of it. Why are you listening to the police offer. He isn't your legal counsel. He wants you to be punished to the fullest extent. You have every right to seek a lawyer and get their opinion. Don't be so naive.
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09-09-2011, 11:02 PM
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#17 | | Where's my RS Christmas Lobster?!
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You got an "intent to prohibit" which DOES allow you 21 days from the DAY THE LETTER WAS DRAFTED (it's on the top corner of that letter) for you to appeal it. Providing you also cough up $150. I think if you went to court about it, with a hand-written letter from your boss, then you MIGHT be able to at least have it reversed with enough time for you to appeal that decision.
IONO. I think that canada post thing messed up a lot more than just this too. But that's a whole other issue altogether.
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09-10-2011, 07:55 AM
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#18 | | RS Peace Officer
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He got the letter mid July and got stopped in August. The prohibition starts when you get the letter. The 21 day appeal period does not suspend the prohibition, and the letter tells you that. It just tells you that you have 21 days to try to get the rest of the prohibition lifted, NOT that it does not apply if you appeal... unless the letters have changed recently. Read what it says.
When drivers do not respond to the regsitered letter,( but the OP got his, so the prohibition is in force, )MVB flags the DL and when stopped by Police the Cops serve an immediate suspension notice roadside and the clock starts ticking. This is ONLY if the letter was not received. MVB knows he got the registered letter and they know that he knows the date the suspension started...ie. the day he got the letter
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09-10-2011, 10:47 AM
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#19 | | ...on a mission....
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| Quote:
Originally Posted by zulutango He got the letter mid July and got stopped in August. The prohibition starts when you get the letter. The 21 day appeal period does not suspend the prohibition, and the letter tells you that. It just tells you that you have 21 days to try to get the rest of the prohibition lifted, NOT that it does not apply if you appeal... unless the letters have changed recently. Read what it says.
When drivers do not respond to the regsitered letter,( but the OP got his, so the prohibition is in force, )MVB flags the DL and when stopped by Police the Cops serve an immediate suspension notice roadside and the clock starts ticking. This is ONLY if the letter was not received. MVB knows he got the registered letter and they know that he knows the date the suspension started...ie. the day he got the letter | Agreed...the suspension begins when the driver being suspended signs for the registered letter or is stopped by an officer and "served" the suspension. But if someone else picks up the letter and signs for it, the driver in question technically has not "acknowledged" receiving it and therefore is technically not knowingly driving while suspended unless or until an officer stops him (for instance) and slaps him up side the head and say... "you suspended dude!"  | |
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09-10-2011, 09:04 PM
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#20 | | RS Peace Officer
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Agree...but OP says..." So i got the suspension letter " and I'm taking that to believe that he personally got it. MVB considers the date stamp on the registered letter receipt as proof of service unless otherwise proved. OP later says the date he got the letter and tells he got stopped 2 weeks after. His only defence would be that somone unknown to him produced HIS id and signed for HIS letter and never delivered it to him. Will they buy that? I'd rather buy a 649 winning ticket.  | |
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