Drive Suspended License – Charge Dismissed Secret (2022) – Part 2 of 2
- This is the second article on the topic of how you might be able to get your driving while your license is suspended charge withdrawn based on a little-known legal technicality.
- Even if you are guilty.
- Please make sure you read Part 1 before you read this article.
- I’ve included a link in the description.
- Let’s get started.
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- When you get charged with driving while under suspension in Ontario, a Police officer will give you a summons.
- That summons will outline your driving under suspension charge.
- The summons will also have a date, time and location letting you know where and how to go to court.
- And that court date will either be online or in person.
- Now for the court to have the POWER to enforce the driving suspension charge under section 53(1) of the highway traffic act, a legal pass needs to happen.
- In other words, the charge the police gave you must legally pass from the police to the court system.
- That legal pass must happen for the court to have the power to enforce your charge.
- That power is called jurisdiction.
- And that legal pass is NOT automatic.
- Something needs to happen for your charge to legally pass from the police to the court system.
- And that is where the technicality lies.
- If that legal pass does not happen, the court would NOT have the power to enforce your driving suspension charge.
- And your charge would get withdrawn.
- Even if you are guilty.
- What is incredibly important is that you usually have only one opportunity to find out if that legal pass happened.
- And, that’s at your first appearance.
- In other words, the first time you appear before the court for your driving while under suspension.
- If you don’t address the issue of the legal pass the first time you go to court, you will miss out on taking advantage of this technicality.
