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Ontario Highway Traffic Act

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failure to surrender license
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PostPosted: Sun Feb 06, 2011 9:42 pm 
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Joined: Sun Feb 06, 2011 9:20 pm
Posts: 1
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.


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Re: failure to surrender license
PostPosted: Sun Feb 06, 2011 10:03 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
It's not a play on words. This is the section you've been charged under:

Quote:
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.


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Re: failure to surrender license
PostPosted: Thu Feb 10, 2011 3:33 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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.

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* 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


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Re: failure to surrender license
PostPosted: Fri Feb 11, 2011 1:50 am 
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Joined: Wed Feb 09, 2011 11:07 pm
Posts: 1
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.


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Re: failure to surrender license
PostPosted: Fri Feb 11, 2011 2:04 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
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.


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