Absolute discharge dangerous driving | GTAMotorcycle.com

Absolute discharge dangerous driving

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Does anyone know if your license will still be suspended if you're awarded an absolute discharge for dangerous driving?

Also curious about conditional discharge but specifically want the absolute discharge question answered if possible with reference.
 
Absolute discharge is as if nothing ever happened. Conditional discharge you must meet the conditions, usually for one year, and then charges are dropped as if nothing ever happened


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Might still be on the hook for a reinstatement fee though. Oh and insurance might not forget as easy as the courts do.
 
JTR said:
Might still be on the hook for a reinstatement fee though. Oh and insurance might not forget as easy as the courts do.
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An insurance company could get into real trouble if they put a black mark against someone who was not convicted. Now if there was also a related insurance claim, well that's a whole different ball game.
 
I could be wrong, but I thought I heard before that if you did get pulled over for say HTA172, but then it got dismissed in court, the roadside license suspension still showed on your record as it already happened. I hope that is wrong, but honestly don't know.
 
I was in paying a ticket a few weeks back.

Even though guy in front had a discharge, he still had to pay to get license reinstated. There is a way to get reimbursed but you have to pay first, go looking for payback later. This was in Oshawa.
 
OP "technically" you were still convicted of the offence, but given the absolute discharge. Had you not been "convicted" then you would have been found not guilty, or the charges could have been either withdrawn or "stayed" meaning that the crown chooses not to proceed. In your case the crown proceeded, and either offered you some form of diversion program, or the JP felt the case warranted an absolute discharge.
 
Rob MacLennan said:
An insurance company could get into real trouble if they put a black mark against someone who was not convicted. Now if there was also a related insurance claim, well that's a whole different ball game.
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hedo2002 said:
OP "technically" you were still convicted of the offence, but given the absolute discharge. Had you not been "convicted" then you would have been found not guilty, or the charges could have been either withdrawn or "stayed" meaning that the crown chooses not to proceed. In your case the crown proceeded, and either offered you some form of diversion program, or the JP felt the case warranted an absolute discharge.
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So an absolute discharge counts as a conviction for insurance or not?
 
GreyGhost said:
So an absolute discharge counts as a conviction for insurance or not?
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"Technically speaking" NO it should NOT. The OP if shopping for new insurance must now answer yes to the question has your licence been suspended, in the last XX years, this is because although no conviction was registered the OP was still found guilty of the offence. My guess would be no one has yet to challenge the validity of a licence suspension, for an absolute discharge. Most are just happy to walk away without the conviction. Or the fact of the cost of going to an appellant court, plus possibly further.

It will be interesting, (should the OP wish to elaborate), why am absolute discharge was given.

For a finding of Absolute discharge means that there is a finding of guilt, however NO conviction is registered.

As per "law facts"

Absolute discharge


An absolute discharge is the lowest-level adult sentence that an <a class="lexicon-term" href="http://lawfacts.ca/glossary#Offender"><acronym title="An offender is a person who has plead guilty or been found guilty (after a trial) of an offence. A person charged with a criminal offence changes from being called an ‘accused’ to be calling an ‘offender’ if they plead guilty or are found guilty.">offender</acronym> can get.

If an offender gets an absolute discharge, a finding of guilt is made but no conviction is registered, and they are not given any conditions to follow (i.e. a probation <a class="lexicon-term" href="http://lawfacts.ca/glossary#Order"><acronym title="A direction a court or judge issues that resolves some step or point in legal proceedings. An order is usually made in writing.">order</acronym>). The offender is finished with their case that day. They don’t have to come to court again or check in with a probation officer.


An absolute discharge will stay on an offender’s criminal record for one year after the date they received the discharge. The offender doesn’t have to apply for a pardon for the discharge to be removed from their record.
 
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I think one of the issues is the "administrative suspension" that's left on one's driver's license, forever. IIRC, insurance companies are not supposed to penalize a person who has an admin. susp. for less than or equal to 90 days. I could be wrong. They're only suppose to look at suspensions involving serious HTA or CC offences, or those over 90 days.

Based on my understanding, administrative suspensions could be for any number of reasons: lapsed license, non payment of license fees, doctor's order, etc. The problem is that also an admin. suspn. can be for over 0.05 mg/ml (but less than 0.08 mg/ml) alcohol or if they are charged with over 80 mgs are found not guilty. So, it's anyone guess why the person was administratively suspended.
 
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