Driving Prohibition Overturned on Appeal
On the hearing date, the Court denied the defendant’s application for an adjournment, the defendant pleaded guilty and the matter was ordered to return for sentencing. Before the sentencing hearing, the defendant paid the fine amount set out on his violation ticket, the matter was struck from the court list, and the offence was recorded on the defendant’s driving record. The Traffic Court Judge set aside the paid fine and summoned the offender to a sentencing hearing and ordered a 90-day driving prohibition in addition to fine. Cathryn Moore was retained for the sentencing appeal. She successfully argued that the Traffic Court erred in ordering a driving prohibition because, after a guilty plea, a Traffic Court is without jurisdiction to order a driving prohibition above and beyond the violation ticket amount.
Appeal allowed and sentence reduced. The decision is important for violation ticket hearings because it confirms that on a guilty plea to a motor vehicle violation ticket offence in Traffic Court, the Traffic Court Judge cannot impose a driving prohibition.