Drive Suspended License – Charge Dismissed Secret (2022) – Part 1 of 2
- In this article, I will explain a legal technicality that may get your driving while suspension charge withdrawn.
- And, if this legal technicality happens, then your drive while suspension charge would get dismissed, even if you are guilty.
- I’m going to cover this topic in 2 short articles.
- Part 1 in this article, I will explain the “what.”
- In other words, what is this legal technicality?
- And Part 2 is the “how.”
- In other words, how does this legal technicality work?
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- So, what is this legal technicality?
- It’s about something called jurisdiction.
- In its simplest terms, jurisdiction means that a court has the power to enforce the law.
- And here is what that means in the context of a driving while under suspension charge in Ontario.
- You’ve been charged with driving while your license is suspended under section 53(1) of the Highway Traffic Act of Ontario.
- And jurisdiction means that an Ontario Court of Justice has the power to enforce that section 53(1) of the Highway Traffic Act of Ontario.
- Now, what most people don’t know is this.
- When a Police officer charges you with driving while suspended, the Ontario Court of Justice does not automatically have jurisdiction over your charge.
- In other words, the Ontario court does not automatically have the power to enforce the charge.
- And if the Ontario court does not have the power to enforce the charge, then your driving while your license is suspended charge would get dismissed.
- Even if you are guilty.
- But there is a way for the court to get the power to enforce your driving suspension charge.
- And I’m going to explain “how” that happens in the next article.
