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Charged with " Driver fail to surrender license "
Also this was my first ad last ticket, as I have definitely learned from this mistake.
Somebody else in the forum will have to chime in on how serious this offence is with respect to insurance rates.
However, I think (but am not 100% sure) that the charge you got is much less serious than the driving without a license charge. They probably will not drop it though because when the police officer asked you for your license, you "failed to give it to him" and that's why you got this charge. However it does not hurt to try.
+++ This is not legal advice, only my opinion +++
I’d suggest requesting a first attendance meeting with the Crown. Maybe if you’re very lucky they’ll cut you a break and simply withdraw the charge. At the very least they will probably offer you a reduced fine, though you'll still have conviction on your record.
- Just because you show you license afterwords doesn't make you any less guilty. The HTA requires you surrender you license immediately upon request. You were charged for not showing it when asked, not that you didn't have one at all. Whether you have your license or not after the fact is irrelevant, but it doesn't hurt to request an early resolution meeting and see what they do (if anything). Take Stanton's advice.
- Stanton is correct that failure to surrender license is a minor insurance offense. It's equivalent to a minor speeding charge, seatbelt violation, disobeying a traffic sign, etc. There's no points. It may or may nor have an impact on your rates. That's up to the provider.
If the officer doesn't listen, request an early resolution, if that prosecutor doesn't listen, request a trial. If you go to trial and that prosecutor doesn't listen... I really hope the next generation of lawyers/paralegals have some more empathy and compassion than to charge a 16 year old just learning to drive for forgetting his license...
With the new e-ticketing systems, it’s pretty difficult for officers to simply withdraw a charge. Everything is automated and the tickets are automatically sent off to the Courts for processing. It’s not like the old days where the officer could hold back a paper ticket for a few days before submitting it.Sonic wrote:If the officer doesn't listen, request an early resolution, if that prosecutor doesn't listen, request a trial. If you go to trial and that prosecutor doesn't listen... I really hope the next generation of lawyers/paralegals have some more empathy and compassion than to charge a 16 year old just learning to drive for forgetting his license...
I’d also point out that the OP was actually stopped for failing to yield at a stop sign and probably given the lesser charge as a bit of a courtesy. I don’t disagree that they should still try to resolve the matter with the Crown, but the chances of having it withdrawn outright might be diminished versus if simply not having their licence was truly the only offence they had committed.
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