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Ontario Highway Traffic Act

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Failure present a licnese
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PostPosted: Sat Sep 24, 2016 9:33 am 
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Joined: Sat Sep 24, 2016 9:09 am
Posts: 2
:shock:

So I got my first speeding ticket in 16 years.

Ok-forget about the speeding ticket - I was speeding no excuses.

But this is where it gets weird.

The officer asked me for my drivers license and insurance.

However, my wallet had fallen under my seat and some of my cards had dropped out.

I asked the officer if I could open my door so that I can get my license from under my seat. He refused. Took my OHIP card as "proof of identity".

Walked to away.. about 15 minutes later comes back and issues me two tickets!!

I read previous threads - basically " I failed to produce my drivers" but I knew exactly where my license was - under my car seat... and if had let me get it I would show it to him.

Any advice?


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Re: Failure present a licnese
PostPosted: Sat Sep 24, 2016 10:42 pm 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1477
Plead not guilty and request a trial with the officer present. Once you get notice of trial, request disclosure (officers notes). Once you get the notes, blank out personal/offcier info and scan and post here for us to review.

On the trial date, bring your license, and I would show up and talk to prosecutor before hand. Most likely the prosecutor will drop that charge if you plead guilty to the speeding charge.

If you want to take the speeding trial to trial, then most likely the prosecutor will not drop the other charge and you will have to fight it to. It will be interesting to see if the officer writes in his notes what you said about it being under the seat... this would help you beat it if you did have to fight it.

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+++ This is not legal advice, only my opinion +++


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Re: Failure present a licnese
PostPosted: Sun Sep 25, 2016 8:14 am 
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Joined: Sat Sep 24, 2016 9:09 am
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Sorry one more question - there's option 2 " Early resolution" do I request disclosure for this meeting?


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Re: Failure present a licnese
PostPosted: Sun Sep 25, 2016 9:19 am 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1477
No. You only request disclosure if you ask for a trial. The prosecutor may or may not have it at an early resolution meeting. I suppose you could ask for them to get it for that meeting, but they do not have to have it.

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+++ This is not legal advice, only my opinion +++


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