They can give you a ticket as he said the MTO is now considering the person served if it was sent to the last registered address. Same with a civil lawsuit if I sue I have several methods to "serve" the other party one of which is sending it to the last "known address". It isn't up to the officer on the street to "prove" you have been served. Same with the civil case as long as I swear that the notice of the lawsuit was sent to that "last known address", usually via a receipt for the registered mail, then the court deems service has been completed. Otherewise people can simply avoid a lawsuit by dodging service. That is something for the court to rule upon. Registered mail isn't required. Some people, (IF they know a suspension is forthcoming), will simply never collect the registered mail. Does this mean that they are permitted to continue to drive for 5 - 10 years as long as they never accept the registered mail?
In my experience the court will rule that the offender was indeed "served" if the crown has copies of the letters that were sent. i knew a fellow who knew his licence was suspended as he got the letter, but continued to drive. He was stopped and charged. Went to court and swore under oath he never received it. Crown asked do you continue to reside at XXXX, he said yes. Crown then produced a copy of a letter addressed to him at the address he stated he resided at. Conviction was registered.
As hard as it is to believe people will try to "play" the system, just like those whose vehicle is up for repo and they either park it elsewhere or in a locked garage so it can't be grabbed by the repo man..lol
Point is Bike cop is simply giving heads up to all, that is why he tilted it a PSA, (Public Service Announcement). Regardless if weather WE think the proof of service is sufficient it is what the court will ACCEPT as prove the driver was served that matters.
In my experience the court will rule that the offender was indeed "served" if the crown has copies of the letters that were sent. i knew a fellow who knew his licence was suspended as he got the letter, but continued to drive. He was stopped and charged. Went to court and swore under oath he never received it. Crown asked do you continue to reside at XXXX, he said yes. Crown then produced a copy of a letter addressed to him at the address he stated he resided at. Conviction was registered.
As hard as it is to believe people will try to "play" the system, just like those whose vehicle is up for repo and they either park it elsewhere or in a locked garage so it can't be grabbed by the repo man..lol
Point is Bike cop is simply giving heads up to all, that is why he tilted it a PSA, (Public Service Announcement). Regardless if weather WE think the proof of service is sufficient it is what the court will ACCEPT as prove the driver was served that matters.
Can you also tell us how you will give a written notice when you pull someone over with a suspended licence and your system doesn't show that ones already been given. The mailed letter doesn't mean 'jack'.... Unless it registered mail, and I'm not sure that even counts, there is no proof it was delivered or received and therefore can not be considered as having been served...
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