You Got a Driving With Suspended License Charge in Ontario.What is the next step?
- You’ve been charged with Driving With a Suspended License in Ontario.
- A Police officer gave you a summons requiring that you appear in court at a particular time and date.
- And that court date will either be on Zoom or in person.
- In this article, I will take you through 5 things you need to know about your upcoming court date.
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1/ The court date is NOT a trial- This court date is called a first appearance because it’s the first time you will appear before the court for your driving with a suspended license charge.
- Your first court appearance is not a trial.
- That means you will not be able to ask about, or make statements about, what happened or why it happened during this court date.
- And because this court date is not a trial, the officer that charged you with driving with a suspended license will not be at your court date.
2/ You’re going to get the evidence- Driving with a suspended license is a serious charge under the Highway Traffic Act of Ontario.
- It’s known as a quasi-criminal charge because the penalties are severe.
- The penalties start with a mandatory 6-month driving suspension. And in some cases, it may result in jail time.
- Because the penalties are so severe, our legal system is designed to give you what you need to defend yourself properly.
- And the key to defending yourself is getting the evidence that the Prosecutor will be using to prove the driving with a suspended license charge against you.
- You are legally entitled to get this evidence.
- So, at your first court appearance, you can expect to get a package called disclosure.
- In this disclosure package, you will find the evidence that the Prosecutor will be relying on.
3/ The evidence may not be complete- Theoretically, when you get your disclosure package, it should have all the evidence regarding your driving with a suspended license case.
- However, the reality is, the evidence may not be complete.
- The Prosecutor will give you the evidence they have, but not all the evidence may be ready.
- And, often, the evidence that you don’t get may be the evidence you need to defend yourself properly.
- So, make sure to get complete disclosure.
4/ Legal help will not be available- Clients often ask me if “free” legal help will be available at their first court appearance.
- And the answer is no.
- You may have read about legal help known as duty counsel.
- Duty counsel are lawyers paid for by the Ontario government through its legal aid program.
- Duty counsel lawyers are available in the criminal courts.
- Because driving with a suspended license is a provincial charge under the Ontario Highway Traffic Act, duty counsel is not offered.
5/ Don’t drive!! (Unless you get a valid license)- Your driving with a suspended license charge is a charge. It’s not proven. So it won’t show up on your driving record.
- However, if your driver’s license is suspended, do NOT drive again until you are properly licensed.
- You can and will be charged again if you are caught driving.
- I’ve had many clients who have been charged multiple times before their first court appearance.
- So bottom line. Don’t drive unless you have a valid driver’s license.
- Driving with a suspended license is a serious charge under the Highway Traffic Act of Ontario.
- It’s known as a quasi-criminal charge because the penalties are severe.
- The penalties start with a mandatory 6-month driving suspension. And in some cases, it may result in jail time.
- Because the penalties are so severe, our legal system is designed to give you what you need to defend yourself properly.
- And the key to defending yourself is getting the evidence that the Prosecutor will be using to prove the driving with a suspended license charge against you.
- You are legally entitled to get this evidence.
- So, at your first court appearance, you can expect to get a package called disclosure.
- In this disclosure package, you will find the evidence that the Prosecutor will be relying on.
3/ The evidence may not be complete- Theoretically, when you get your disclosure package, it should have all the evidence regarding your driving with a suspended license case.
- However, the reality is, the evidence may not be complete.
- The Prosecutor will give you the evidence they have, but not all the evidence may be ready.
- And, often, the evidence that you don’t get may be the evidence you need to defend yourself properly.
- So, make sure to get complete disclosure.
4/ Legal help will not be available- Clients often ask me if “free” legal help will be available at their first court appearance.
- And the answer is no.
- You may have read about legal help known as duty counsel.
- Duty counsel are lawyers paid for by the Ontario government through its legal aid program.
- Duty counsel lawyers are available in the criminal courts.
- Because driving with a suspended license is a provincial charge under the Ontario Highway Traffic Act, duty counsel is not offered.
5/ Don’t drive!! (Unless you get a valid license)- Your driving with a suspended license charge is a charge. It’s not proven. So it won’t show up on your driving record.
- However, if your driver’s license is suspended, do NOT drive again until you are properly licensed.
- You can and will be charged again if you are caught driving.
- I’ve had many clients who have been charged multiple times before their first court appearance.
- So bottom line. Don’t drive unless you have a valid driver’s license.
- Clients often ask me if “free” legal help will be available at their first court appearance.
- And the answer is no.
- You may have read about legal help known as duty counsel.
- Duty counsel are lawyers paid for by the Ontario government through its legal aid program.
- Duty counsel lawyers are available in the criminal courts.
- Because driving with a suspended license is a provincial charge under the Ontario Highway Traffic Act, duty counsel is not offered.
