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Here are 4 things you need to know when you go to court for driving on a suspended license charge in Ontario.

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1. You Have To Go To Court

When you were charged with Driving While Under Suspension, the police officer gave you a summons with your court details.

- The details will include the date, time and the court where you need to appear.

This first court date is called a “First Appearance”.



- This date is NOT a trial. 

- This court date is the first time you will appear before the court for your Driving While Suspended charge.



First Appearances are usually scheduled for 4 to 6 weeks after the police charge you.



- This time delay allows the police to properly gather all the evidence that has to be included in your disclosure which will be given to you at your First Appearance.



The Police Officer is not required to be at your First Appearance.



- If your case goes to trial, then yes, the Police Officer that charged you will be called upon to give the evidence that he or she has against you. 



2. Here’s what’s going to happen at your First Court court appearance for your driving on a suspended license charge.

Meet the Prosecutor and get your evidence – You are going to meet with the Prosecutor.  And, that Prosecutor is going to give you the evidence, which will be put into a package called, disclosure.

Your meeting with the Prosecutor may be very brief because you are simply checking in to let the court know that you are there.



- In some cases, there may be time to speak with the Prosecutor about your case.

- Whether there is time (or not) to speak about your case is the decision of the Prosecutor.



After meeting with the Prosecutor, you have 3 options to consider for the next steps.



- Option #1 – You can enter a guilty plea. The case will end that day.  Most of the time, the penalties (e.g. fines, demerit points, driving suspension, etc.), will start that day.

- Option #2 – Set a trial date. You can fight the Driving While Under Suspension charge and set a trial date.

- Option #3 – Get a delay (usually 3 to 6 weeks) to get legal advice.



There is NO downside to ask for this delay.



- It’s important to understand the charge you are facing, the evidence the court has against you and the penalties that you face. 



- Take the time to make an informed decision.



Lastly, a new court date will be set.  Assuming you did not enter a guilty plea, you will appear before the Justice of the Peace and a new court date will be set.



- That new court date will either be to give you the time to get legal advice. Or, you will have set a trial date.

- In either case, it’s important to get the proper legal advice to make an informed decision.



3. Disclosure is important in your Driving While Under Suspension case.   Here’s why.

Because the penalties with Driving While Under Suspension are so serious, our legal system is designed to give you everything you need to defend yourself properly.



- The only way to properly defend yourself is to get all the evidence that the province has against you.

- Once you get that evidence, you can see the strengths and weaknesses of the case against you. You can then make an informed decision on how you want to proceed with your case. 



If you decide to fight the charges, you can then put together a proper strategy to fight the charge (because you have all the evidence).



- The only way to guarantee that you get your evidence is to force you to go to court, i.e. to force you to go to your first appearance.



4. Do I have to attend my First Appearance?

If you have hired a lawyer, then no. You do not need to attend your First Appearance because your lawyer will attend on your behalf.

If you have not hired a lawyer, then yes. You will need to attend your First Appearance.

Can I have someone who is not a licensed lawyer attend on my behalf?



- Maybe.



For the first appearance, you may be able to have someone attend on your behalf.  However, you should give that person written permission that they are allowed to attend on your behalf and include the reason why you are not able to attend.



https://youtu.be/6xOtTvpg0xs https://www.nextlaw.ca/2021/03/30/court-driving-suspended-license-charge-ontario/

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