Date Posted: September 23 2021
Frequently Asked Questions
What Should I Do If I Receive A Traffic Ticket For A Violation Of The Conditions Of My Novice Driver Licence?
Do not pay the ticket. Always request a court date and seek immediate legal assistance. NoviceDriver.legal offers free 30-minute consultations to all novice drivers.
What Will Happen If I Pay A Novice Driver Ticket?
Paying the ticket will result in an automatic admission of guilt. You will be convicted of the Novice Driver Violation and suffer the full consequences which may include demerit points and an escalating sanctions novice driver’s licence suspension.
How Will I Know The Details Of My Escalating Sanctions Novice Driver’s Licence Suspension?
You will receive a Notice of Suspension from the Ministry of Transportation of Ontario (MTO) for a violation of your class licence conditions. The notice will be sent to your address on file with the MTO and will set out the date you should surrender your novice driver’s licence to begin serving the applicable suspension. Important Note: A novice driver who plans to promptly file an appeal against a novice driver conviction should NOT surrender their driver’s licence and seek immediate legal advice or assistance.
Will I Be Subject To Additional Penalties Or A Further Driver’s Licence Suspension If I Do Not Surrender My Driver’s Licence By The Date Specified In The Notice of Suspension?
Despite the Notice of Suspension stating that failure to surrender your driver’s licence on or before the date specified that your driver’s licence may be suspended for a further period of up to two (2) years, these additional penalties are not applicable to Novice Driver’s who promptly file an appeal against conviction and serve notice to the MTO. As per O. Reg. 339/94, ss. 5(1) and (2), the law states:
5(1) If a person convicted of an offence set out in Column 1 of the Table appeals the conviction and notice of the appeal is served on the Registrar, the conviction and the demerit points related to it shall not be entered on the person’s record unless the conviction is sustained on appeal. O. Reg. 339/94, s. 5 (1).
(2) If a conviction referred to in subsection (1) and related demerit points have been recorded prior to service of notice of an appeal on the Registrar, the conviction and demerit points shall be removed from the record, and any suspension imposed as a result of the conviction shall be stayed, as of the date notice is served on the Registrar, unless the conviction is sustained on appeal. O. Reg. 339/94, s. 5 (2).
Will I Be Required To Pay A Reinstatement Fee?
A novice driver who plans to promptly file an appeal against a novice driver conviction should NOT pay a reinstatement fee under any circumstances without seeking immediate legal advice or assistance. Important Note: A reinstatement fee should be paid upon the completion of a novice driver serving 30-day or 90-day escalating sanctions novice driver’s licence suspension in situations where the novice driver chooses to serve the suspension and accept the consequences. Additionally, the reinstatement fee should not be paid at the time of surrendering a driver’s licence to serve a novice driver’s licence suspension.
Will I Still Be Required To Pay A Reinstatement Fee Once My Appeal Is Filed?
No, you will not be required to pay a reinstatement fee as it will no longer be applicable unless a future conviction occurs. As noted above, and per O. Reg. 339/94 ss. 5(1) and (2), the conviction, demerit points and any driver’s licence suspension is set aside at the time of service.
What Will Happen If I Paid The Reinstatement Fee Prior To Filing My Appeal?
Once your appeal is filed and served upon the MTO, the MTO will usually update your driving record and licensing status within 15 days. Thereafter, you should be able to contact Service Ontario to secure a refund as the reinstatement fee would no longer be applicable. Your refund may take some time to process and significant follow up may be required.
Will I Have To Wait For The MTO To Update My Driving Record And Licensing Status After Filing My Appeal Before Driving Again?
No, you do not need to wait, but your licensing status will continue to reflect a “suspended” status until updated by the MTO.
What Will Happen If I Am Stopped By Police Before The MTO Updates My Driving Record and Licensing Status?
If you are stopped by police within the 15-day period (sometimes longer) which MTO requires to update your driving record, the police will likely see your licence status as suspended. In such circumstances, the police officer may tow and impound your car and charge you with Drive While Licence Suspended unless satisfied that your driver’s licence is not in fact suspended. Certain precautions should be taken in attempt to satisfy the police officer so as to avoid further consequences.
What precautions should be taken to avoid further consequences?
Although your driver’s licence is technically valid in Law, the MTO is unable to immediately update its records at the exact moment of service due to the volume of requests it receives on a daily basis. The MTO must usually confirm the legitimacy of the appeal with the appropriate court location prior to updating its records. Upon retaining NoviceDriver.legal, you will be provided with a detailed letter explaining the status of your appeal including a complete copy of your notice of appeal and supporting documentation containing proof of filing with the appropriate Court as well as proof of service on the MTO. These documents must be printed and keep in the car when driving until such time that it can be confirmed that your driving record and licensing status can be confirmed as having been updated to valid.
What Should I Do If Stopped By Police Prior To The MTO Updating My Licensing Status To Valid?
If you are stopped by police, show the police officer the appeal documents and ask them to review the documents, and if and once satisfied, to allow you to be on your way. Do not be rude or argumentative with the police officer, it may take sometime for the police officer to verify the legitimacy of the appeal by contacting the appropriate Court location or the MTO.
What If The Police Officer Does Not Believe Me Or Accept The Validity Of My Appeal Documents?
The police officer may tow and impound your motor vehicle under the Vehicle Impoundment Program (VIP) and charge you with Drive While Licence Suspended.
What If The Police Officer Decides To Charge Me With Drive While Licence Suspended?
If the police officer decides to charge you then there is nothing you can do at the roadside. Remain polite and contact Novice Driver Legal Help for assistance. NoviceDriver.legal will attend on your first court date free of charge and advise the Crown Prosecutor of the situation and provide evidence of the appeal and its legitimacy. In most cases, the Crown will elect to withdraw the charge for having no reasonable prospect of conviction.