How to fight driving with a suspended license Ontario – Part 6 – Speak to Judge (DON’T!!!)
- How do you fight a driving with a suspended license charge in Ontario?
- This article is part 6 of this very important topic.
- You should read the previous parts where I go through fighting driving with a suspended license under different circumstances.
- First. When you didn’t know you were suspended. Read it here
- Second. When you were suspended because of a small fine. Read it here
- Third. If you drove because of an emergency. Read it here
- Fourth. Fighting the charge using the logic that you can’t afford to lose your license for 6-months. Read it here
- Fifth. Fighting the charge because you didn’t commit a crime, so the penalties shouldn’t be as severe. Read it here
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- In this article, I’m going to cover what you absolutely shouldn’t do. And that is, “speak to the Judge to explain your situation.”
- On the face of it, this idea makes sense.
- You had a good reason why you drove suspended.
- You’re sure that the Judge will understand that good reason.
- And will either drop the charge. Or drop the mandatory 6-month driving suspension.
- Here’s the problem. That won’t work. And here’s why.
- The Judge, or in this specific case, the Justice of the Peace, does NOT have the power to drop the charge.
- It’s the Prosecutor that has the power. Let me explain.
- When you’re charged with driving with a suspended license, the Prosecutor has to decide whether to proceed with the charge against you.
- And to proceed with the charge, the Prosecutor must decide whether your case passes a 2-part test.
- First, whether there is enough evidence to convict you. And with driving with a suspended license charge, it’s generally very easy to convict.
- And the second test is whether it makes sense to pursue the charge against you given your fact situation as weighed against the consequences of a conviction. Which includes a mandatory 6-month driving suspension. And in some cases, it may result in jail time.
- If the Prosecutor decides to pursue the driving with a suspended license charge as-is, that is the Prosecutor’s decision.
- And, the Justice of the Peace does NOT have the legal power to overrule that decision.
- So, explaining your situation to the Justice of the Peace will have NO legal impact because the Justice of the Peace is NOT the decision-maker at this stage of your case. It’s the Prosecutor.
