HOW TO REMOVE VIOLATIONS FROM DRIVING RECORD IN ONTARIO?
How to remove violations from your driving record in Ontario. The best way to describe how to deal with that is to understand exactly how you were convicted. There’s really two ways of being convicted. You could have gone to a courtroom and had the matter heard before either a justice of the peace or judge, and there could have been a conviction based on the evidence that was heard at that time.
The other mechanism, to end up with a conviction or a violation on your driving record is by not responding and through default, so no one did anything the court will just assume that you wanted to plead guilty and they will automatically convict you. Now that that is on your driving record, you, we get into a situation with making a decision based on how this happened, how to actually help you.
Really two mechanisms for doing that. One is a reopening. So, if that happened because you’ve missed your court date or you were late doing something there is a provision where you might qualify to do what’s called a reopening. Which is an administrative function done really outside of the courtroom, but certainly in front of a judicial official like a Justice of the Peace and based on the explanation on why you weren’t filing the ticket or why you weren’t there, they will they will decide whether they want to reopen the ticket. And if that happens, we’re starting over at this point in time, and you will get a new court date, and then we can carry on from that point. If you were convicted, that simply means that the matter was adjudicated and a judge or judicial official has decided, based on the evidence that you’ve been convicted, you may feel wrongly convicted, and that may actually be true. And in those particular situations, we would have to employ a different mechanism entirely. Those are called appeals. We’ve all heard of them but in that case, that appeal would go to the next court higher and it would be a set of paperwork that explains exactly what the concern might be.
And one of the things we focus on is the grounds of appeal. So the grounds of appeal have to be investigated for merit. Often people, when they are convicted, they’re quite disappointed. and it brings great penalty to them and they’re angry. However, you know, increases to your insurance or being angry about the conviction is not actually a ground for appeal. So what we would need to do is search for an actual legitimate ground of appeal that we could forward that application to the higher court. It is a it’s a much more expensive process. It is a longer process to do, but in some of those appeal cases, we can forward some special paperwork that would allow the court to stay the matter, which in effect would lift the conviction until the appeal can actually be heard, providing relief to that particular defendant until we can get before the court to have our grounds for appeal considered.