No/Improper license but really failure to produce license

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Aviv
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No/Improper license but really failure to produce license

by: Aviv on
Sun May 29, 2011 7:08 am

I was pulled over for looking at a police car and i had left my wallet at my friends house. I was on my way to go pick up my friend and my wallet when the officer followed me and proceeded to pull me over. Luckily i remembered my license number and proved to him that my license was valid. I let him know my story that my physical card was at my friends house and i was on my way to get it. He then gave me a ticket DR.MV/CMV No/improper license under the highway traffic act 32 (1) (325$). Im really confident i can get this lowered because i think he charged me with not having a valid license if i understand correctly. Anyway i just want to know what charge i can subsitute this with in order to lower the fee, as much as possible :D. I'd also like to know if failure to produce license is different and the fee that comes with it.
Basically whats my best option


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Simon Borys
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by: Simon Borys on
Sun May 29, 2011 9:50 am

If you actually had a valid licence, but couldn't produce the card, the proper charge is fail to surrender licence under s. 33(1). $85 fine ($100 total payable). If you were charged under the wrong section it will likely be withdrawn by the prosecutor if you can prove that you had a valid licence at the time you were stopped or you should be able to get an acquittal if you take it to trial by showing the judge the same thing. Although you were guilty of failing to PRODUCE the licence, I don't believe that is an included offence in drive no licence, which means you can't be found guilty of the former if you were only charged with the latter. Also, they can't just amend it at trial when they figure out what the situation is. They could issue a corrective summons for the proper charge, but usually no one bothers doing that for an $85 fine.
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Stanton
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by: Stanton on
Sun May 29, 2011 11:39 am

Agreed. The charge would be valid if your licence was expired, or you were driving a different class of vehicle then your licence allows (i.e. a motorcycle with a G licence). The only other possibility is if your licence had recently been suspended and you didn't pay the reinstatement fee. For example after a 30 day novice violation you're unlicensed until you pay $150 to have your licence reinstated.


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