Drive While License Suspended Charge – What’s Going To Happen At My Court Date?
- You’ve been charged with driving while your license is suspended in Ontario.
- The Police officer that charged you gave you a summons that requires you to go to court.
- What’s going to happen at that court date?
- Here are 5 things you need to know
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1/ Your court date is NOT a trial- The first time you go to court for your driving while under suspension charge in Ontario is not a trial date.
- It’s called a “first appearance.”
- This court date is simply the first time you will appear in court for your driving suspension charge.
2/ The police officer will not be there- Because this court date is not a trial, the officer that charged you will not be there.
- The only time the officer will appear in your court process is if you take your case to trial.
- If your case goes to trial, the court will compel the officer to show up to give the evidence needed to support the Prosecution’s case against you.
3/ Get the evidence- One of the main purposes of your first court date is to get the evidence that the Prosecution will use to prosecute your driving suspension charge.
- That evidence will be included in a package called disclosure that will be given to you.
- What’s included in that package and how that evidence is analyzed and used is critical to getting a positive outcome from your drive suspension case.
4/ You must go- Even though your first court date is not a trial, legally, you must show up to that court date.
- Now you should check whether that court date is in person or online — but you have to attend.
- If you don’t attend, the Justice of the Peace has the option to issue a warrant against you.
- And, you may also be subject to further charges.
- Bottom line. Show up.
5/ Do NOT plead guilty to the charge as-is- I get it. Getting charged with driving while under suspension is stressful.
- You’re facing a minimum 6-month mandatory driving suspension.
- And, in some cases, you may be facing jail time.
- And what makes this stress even worse is that the legal process you have to go through may take a long time.
- That pressure often leads people to plead guilty just because they want to “get it over with.”
- You should not do that because the consequences of a conviction can be devastating.
- Take a step back and speak to an experienced lawyer to get a free consultation about your options.
- It is very common that you will get a much better outcome than if you had dealt with your drive suspension case without a lawyer’s help.
- Because this court date is not a trial, the officer that charged you will not be there.
- The only time the officer will appear in your court process is if you take your case to trial.
- If your case goes to trial, the court will compel the officer to show up to give the evidence needed to support the Prosecution’s case against you.
3/ Get the evidence- One of the main purposes of your first court date is to get the evidence that the Prosecution will use to prosecute your driving suspension charge.
- That evidence will be included in a package called disclosure that will be given to you.
- What’s included in that package and how that evidence is analyzed and used is critical to getting a positive outcome from your drive suspension case.
4/ You must go- Even though your first court date is not a trial, legally, you must show up to that court date.
- Now you should check whether that court date is in person or online — but you have to attend.
- If you don’t attend, the Justice of the Peace has the option to issue a warrant against you.
- And, you may also be subject to further charges.
- Bottom line. Show up.
5/ Do NOT plead guilty to the charge as-is- I get it. Getting charged with driving while under suspension is stressful.
- You’re facing a minimum 6-month mandatory driving suspension.
- And, in some cases, you may be facing jail time.
- And what makes this stress even worse is that the legal process you have to go through may take a long time.
- That pressure often leads people to plead guilty just because they want to “get it over with.”
- You should not do that because the consequences of a conviction can be devastating.
- Take a step back and speak to an experienced lawyer to get a free consultation about your options.
- It is very common that you will get a much better outcome than if you had dealt with your drive suspension case without a lawyer’s help.
- Even though your first court date is not a trial, legally, you must show up to that court date.
- Now you should check whether that court date is in person or online — but you have to attend.
- If you don’t attend, the Justice of the Peace has the option to issue a warrant against you.
- And, you may also be subject to further charges.
- Bottom line. Show up.
