How To Fight Driving With Suspended License Charge in Ontario: Ticket Mistakes!!
- You’ve been charged with driving while under suspension in Ontario.
- If there is a mistake on the ticket, can you get the charge withdrawn?
- The answer is maybe.
- Here’s 3 things you need to know.
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1/ Here’s the scenario- When the Police charge you with driving while under suspension in Ontario, they will give you a ticket with all the details of what you’ve been charged with.
- This ticket is known as a summons.
- You may notice that there are some mistakes on the summons.
- For example, your name may be wrong. Or your license plate. Or the date.
- The legal question is, can you get the charge withdrawn because of this mistake?
- That leads to point #2.
2/ The summons you got does NOT matter. This does.- The summons the Police gave you is known as a short-form summons.
- In the context of mistakes, this short-form summons does NOT matter because the mistakes can be corrected.
- And those corrections can be found in what’s called the long-form summons.
- You will get the long-form summons as part of the disclosure package.
- That disclosure package will be given to you at your first court appearance.
- Now, if the mistake is still in the long-form summons, then there may be an opportunity to get your driving while under suspension charge withdrawn.
3/ The type of mistake matters- So, assuming there is a mistake in your long-form summons, i.e. in the disclosure, the question becomes, how big is the mistake?
- If the mistake is small, for example, a mistake in spelling your name, that is not enough to get the charge withdrawn.
- But, If the mistake is really big, that mistake is known as a fatal error.
- If there is a fatal error in your disclosure, you will likely get the driving while under suspension charge withdrawn.
- Bottom line. You need to know whether the mistake is minor or whether the mistake is fatal.
- The summons the Police gave you is known as a short-form summons.
- In the context of mistakes, this short-form summons does NOT matter because the mistakes can be corrected.
- And those corrections can be found in what’s called the long-form summons.
- You will get the long-form summons as part of the disclosure package.
- That disclosure package will be given to you at your first court appearance.
- Now, if the mistake is still in the long-form summons, then there may be an opportunity to get your driving while under suspension charge withdrawn.
