this is my first post so i am not sure if this is the right section in this website to ask this quetion. However, here it is. I have a court date for ''failure to surrender license." Although I had a valid license at the point, I was not carrying it with me in the car. I had forgotten it at home. The receptionist is saying that I did not get for ''not having a valid license while driving'' but rather for ''failing to surrender license while driving'' and according to her I am not in a position to defend myself and I am guilty. Please tell me how can I fight this as I know its a play with words and since I had a valid license why shall I be guilty? Please provide more information. Thanks.
this is my first post so i am not sure if this is the right section in this website to ask this quetion. However, here it is.
I have a court date for ''failure to surrender license." Although I had a valid license at the point, I was not carrying it with me in the car. I had forgotten it at home. The receptionist is saying that I did not get for ''not having a valid license while driving'' but rather for ''failing to surrender license while driving'' and according to her I am not in a position to defend myself and I am guilty.
Please tell me how can I fight this as I know its a play with words and since I had a valid license why shall I be guilty?
It's not a play on words. This is the section you've been charged under: When you're stopped, you have to be able to produce your licence, ownership and proof of insurance. Commercial vehicle operators have several other documents to produce as well. The officer isn't disputing that you're licensed, simply that you didn't have your licence with you. He likely did several computer checks to verify you had a licence before charging you. If he had believed you were unlicensed, you would have been charged with "Drive Motor Vehicle No Licence" and received a much larger fine. I don't see any grounds you can fight it on. Forgetting it at home is not an excuse. The law requires you have the document with you while operating a motor vehicle. There is no truth to the commonly held belief that if you show up to the police station within 24 hours the ticket will be quashed. I've seen people fight this ticket before and every time the JP simply asks them "Did you give the police officer you licence when he asked you for it?" The minute they say no, they're found guilty. Your best bet might be to meet with the prosecutor and see if they'll agree to a reduced fine if you plead guilty.
It's not a play on words. This is the section you've been charged under:
Carrying licences and surrender on demand
33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act.
When you're stopped, you have to be able to produce your licence, ownership and proof of insurance. Commercial vehicle operators have several other documents to produce as well. The officer isn't disputing that you're licensed, simply that you didn't have your licence with you. He likely did several computer checks to verify you had a licence before charging you. If he had believed you were unlicensed, you would have been charged with "Drive Motor Vehicle No Licence" and received a much larger fine.
I don't see any grounds you can fight it on. Forgetting it at home is not an excuse. The law requires you have the document with you while operating a motor vehicle. There is no truth to the commonly held belief that if you show up to the police station within 24 hours the ticket will be quashed.
I've seen people fight this ticket before and every time the JP simply asks them "Did you give the police officer you licence when he asked you for it?" The minute they say no, they're found guilty.
Your best bet might be to meet with the prosecutor and see if they'll agree to a reduced fine if you plead guilty.
Agree with Stanton. You are not charged with "Drive with no licence." You are charged with failing to surrender your licence, which, by your own admission, is exactly what you did. You could try to get a lower fine by speaking to the Justice of the Peace at trial, however it won't necessarily be successful.
Agree with Stanton.
You are not charged with "Drive with no licence." You are charged with failing to surrender your licence, which, by your own admission, is exactly what you did. You could try to get a lower fine by speaking to the Justice of the Peace at trial, however it won't necessarily be successful.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
My wife was stopped by a cop in Dec. 2009 with two tickets disobey stop sign - fail to stop, and fail to surrender permit...oops this might be different from fai to surrender license. The cop did say if we could have the proof of bought stick, came to the station, they would quash the second charge. By the time we were the station a week or so, they had filed to the court already. So we are still fighting the tickets.
My wife was stopped by a cop in Dec. 2009 with two tickets disobey stop sign - fail to stop, and fail to surrender permit...oops this might be different from fai to surrender license. The cop did say if we could have the proof of bought stick, came to the station, they would quash the second charge. By the time we were the station a week or so, they had filed to the court already. So we are still fighting the tickets.
Just to be clear, while officers can exercise discretion and allow you to bring your documents into the station at a later time, they're under no obligation to do so. The law is very clear that you need to have your licence, proof of ownership and insurance at all times when you're driving. There is NO requirement under law that police need to give you 24 hours, etc. Once the ticket is submitted to the Courts, it's too late for the officer to do you any favours.
signstop wrote:
My wife was stopped by a cop in Dec. 2009 with two tickets disobey stop sign - fail to stop, and fail to surrender permit...oops this might be different from fai to surrender license. The cop did say if we could have the proof of bought stick, came to the station, they would quash the second charge. By the time we were the station a week or so, they had filed to the court already. So we are still fighting the tickets.
Just to be clear, while officers can exercise discretion and allow you to bring your documents into the station at a later time, they're under no obligation to do so. The law is very clear that you need to have your licence, proof of ownership and insurance at all times when you're driving. There is NO requirement under law that police need to give you 24 hours, etc. Once the ticket is submitted to the Courts, it's too late for the officer to do you any favours.
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I…
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…
