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Failure to surrender G1
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PostPosted: Fri Jan 13, 2012 12:40 pm 
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I was involved in a collision the other day. I'm a new resident in Ontario, but only here for 54 days when the accident happened. I passed my G1 before the accident but I didn't have it on me. I did, though, have my international driving permit and my license from another country which are both valid. I offered to show the officer both documents, he didn't take them and asked that I show my G1. He asked me if I planned to stay in Ontario for long and I said what my personal plans are is irrelevant to the accident. I'm here for less than 60 days and I have my foreign license and my international driving license which are both valid.

I got ticketed for failure to have/surrender license.

I intend to fight the charge. I've consulted paralegal and they said that after I passed G1, my G1 supersedes my international driving license so I may not have a case. And I'm worried because I'm a G1 and I was driving alone. I am an experienced driver and I have a full license from another country. Will I also be charged or will it affect my case negatively?


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Normal for cop to offer a lesser charge?
PostPosted: Fri Jan 13, 2012 1:08 pm 
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I was involved in a collision a few days ago and the police officer determined that I was at fault. When talking to him in private, he said he needed to charge someone when there was a collision, but he was willing to work in my favour and "lie to give me a lesser charge". He offered to ticket me for failing to have my insurance card with me, which wasn't true, because I filled out all insurance information for the other party.

I declined because I didn't think I should've been ticketed at all. He gave me two charges that are more serious and told me that he and the other party are going to show up in court and I'll lose my case. I'm new in Ontario, and I've never been in a traffic accident before, but this is something quite shocking to me, that an officer could do that? Is it normal here? I don't think I should've taken the offer anyhow.

Any thoughts?


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Re: Normal for cop to offer a lesser charge?
PostPosted: Fri Jan 13, 2012 2:38 pm 
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Posts: 354
I have done it. Based on your other thread, Having a G1 with no accompanying driver and the fail to produce the G1 as it supersedes any other DL, International or not, is going to cost you more than the fail to produce insurance card.


Sometimes the OHTA is a really big hammer and sometimes that hammer is not needed when a tap will suffice. I Guess you will find out what the hammer is really like.

OPS Copper


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Re: Failure to surrender G1
PostPosted: Fri Jan 13, 2012 5:38 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
Yes, correct G1 supersedes all licences that one might hold outside of Ontario.

You could have several offences
- G1 fail to surrender licence
- G1 no accompany driver = conviction is a 30 day licence suspension

hmmm.. wonder how the insurance is going to deal with this with no accompany driver

Now is this other thread correct >> topic4155.html
and this is now 2 collisions in 54days of being in Ontario??

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Failure to surrender G1
PostPosted: Fri Jan 13, 2012 6:34 pm 
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Only one collision. No worries, Ontario! I'm not that dangerous!

So I'm pretty much screwed and not much chance at fighting that? The reason I didn't bring my G1 was I thought I could pass off as a tourist and carry around only my foreign DL and my international permit, and I can leave the country any time.

I'm driving someone else's car and he's not in town, so no accompanying driver. I knew about the 60 day rule but I didn't know about the G1 superseding rule, or I wouldn't have taken his car. I don't have insurance. If I'm charged, his insurance will go up? Or will mine in the future?


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Questions about pre-trial meeting?
PostPosted: Mon Jan 16, 2012 9:21 pm 
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Joined: Fri Jan 13, 2012 12:25 pm
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Wondering if anyone's familiar with Richmond Hill court procedures.

I'm going to file a notice to appear in trial for my tickets and I have some questions:

1) They have the option to walk in and do a pre-trial meeting with the persecutors. What can I do there? Can I try to convince them to withdraw charges or cut deals there or is it just to understand what they're charging me with?

2) Is it better to do the pre-trial meeting after filing for disclosure? When should I meet them? Can I meet them before filing the notice to appear in trial?

3) I heard someone say if you have no legal background, it's better not to meet them and try to negotiate deals and wait for the trial? I don't have a lawyer/paralegal.

4) Can I apply for disclosure the same day I file my notice to appear in trial or do I have to wait for the trial date?

Sorry if these questions might have been asked before. Please direct me to the right thread if they have been answered.


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Disclosure--need help interpreting officer's notes
PostPosted: Fri Feb 17, 2012 4:26 pm 
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Joined: Fri Jan 13, 2012 12:25 pm
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I finally got the disclosure. My first attendance meeting will be next Wed, and just wondering if any of you good people can help deciphering the short forms on the officer's notes?

RIC MVC
Tire tracks on E/S (What is E/S?)
N/B L2 R1
N/B L1 R1 (Have no idea what that means. have seen this all over the notes...sometimes the N/B looks like M/B too)
YOR moderate damage rear door dent due to impact (YOR? 4DR? 4OR? TOR?)

Thanks in advance.


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Re: Failure to surrender G1
PostPosted: Sun Feb 19, 2012 4:34 am 
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Posts: 2933
Location: In YOUR rearview mirror!
RIC = ?
MVC = motor vehicle collision
E/S - east side
NB L2 R1 = northbound lane 2 road 1
YOR = ?

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Failure to surrender G1
PostPosted: Sat Feb 25, 2012 9:42 am 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
See if you can get this pled down to something less onerous.

On a separate note... G1? Where was your "foreign" driver's licence from?

_________________
* 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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