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Suspend LIcense What To Expect in Court

Driving With a Suspended License Charge – Going to Court

Driving With a Suspended License Charge – Going to Court (2022)
  • Here’s what you can expect when you go to court for the first time for your Driving While Under Suspension charge.

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✅   Drive Suspend Penalty Test – This free 30-second test will assess your Drive Suspension risks and penalties when you arrive at your first court appearance.

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✅   Book a free, confidential meeting with lawyer, Dan Joffe – You’re facing a mandatory 6-month driving suspension.  Let’s stop that from happening.

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1/  Your court date will be online

  • When you get charged with driving under suspension, the Police officer gives you a summons.
  • On that summons, you’ll see that your appearance is required at a court on a specific date and time.
  • What’s new in 2022 is that your court date will be online.  Most likely via Zoom. 
  • In some courts in Ontario, your court appearance will be by phone.
  • The connection details for your court date should have been given to you by the Police officer.
  • If you do not have the connection details, then you should contact the court, and they will give you the information on how to connect.

2/  You have to attend

    • Your appearance in court, either on video or by phone, is not optional.
  • You have to attend.
  • If you don’t attend, you may be subject to further charges.
  • And the court, without you knowing, will set a future court date for you.
  • In the event that you miss your court date, you should contact the court to find out what happened and when your next court date is.

3/  This court date is not a trial

    • Your first court date for your driving while under suspension charge is not a trial date.
    • This court date is called a first appearance, because it is the first time you appear before the court for your case.
    • The primary purpose of this court date is for your charge to legally be transferred into the court’s jurisdiction.
  • And for you to get the evidence.
  • Finally, because this court date is not a trial, the officer that charged you will not be there.

4/  Get your evidence

  • The key purpose of your first court appearance is to get the evidence that the prosecutor will be using to convict you.
  • Your evidence will be included in a package called disclosure.
  • On your court date, ask the prosecutor for your disclosure and make arrangements on how you can get it.

5/  You will get a new court date

  • At the end of your court appearance, the Justice of the Peace will give you a new court date which you will have to attend.
  • You get a new court date to give the Prosecutor time to send you the evidence.
  • Make sure you write that new court date down in your calendar as the court will not send you reminders.

6/  You cannot record your court appearance

  • The rules regarding recording court appearances are very strict and clear.
  • You cannot record audio, nor can you record video.
  • And, you cannot take any screenshots.
  • If you do, you’ll be subject to very serious charges.
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About Dan Joffe, Partner

Jonathan practices exclusively in defending Stunt Driving charges in Ontario.  He is the co-founding partner of Nextlaw and is licensed by the Law Society of Ontario.

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Disclaimer

Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.