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i received a ticket for this and at the time i had my license on me. the cop had me pretty rattled couldnt produce it at the tme. gave him another form of id. is there any slack and am i able to use section 33(3) to help me out.
No, you're still required to provide your driver's licence even if you identify yourself by another means. Technically if you refused to surrender your licence AND identify yourself, you could be charged under both sections. All that section 33(3) basically says is that even if you don't have your licence with you, you still have to identify yourself. It doesn't excuse not having your licence.