Okay so I got arrested for assault on easter my friend got assaulted by one of the cops then he threatened to charge me with mischief and the officer was calling me a retard the entire time needless to say after spending the night in jail I find a ticket in my bag of stuff that I have a summons to appear for possess more than one drivers license. I had 7 in my wallet all this legit and yes I am stupid for not throwing them out but anyway the assault charges got withdrawn but I still have to go to court for this (I dint ask) I did not think it was that big of a deal until I did some research and this is what I came up with. Section 35 Subsection (1) Clause (e) apply for, secure or retain in his or her possession more than one drivers licence here comes the kicker Offence (4.1) Every person who contravenes clause (1) (a) is guilty of an offence and on conviction is liable to a fine of .not less than $400 and not more than $50,000 2005, c. 26, Sched. A, s. 3 (2). MY GOD 50k? What do I do usually I just go in on my own but hell this is quite a bit more then the usual speeding ticket!
Okay so I got arrested for assault on easter my friend got assaulted by one of the cops then he threatened to charge me with mischief and the officer was calling me a retard the entire time needless to say after spending the night in jail I find a ticket in my bag of stuff that I have a summons to appear for possess more than one drivers license. I had 7 in my wallet all this legit and yes I am stupid for not throwing them out but anyway the assault charges got withdrawn but I still have to go to court for this (I dint ask) I did not think it was that big of a deal until I did some research and this is what I came up with.
Section 35 Subsection (1) Clause
(e) apply for, secure or retain in his or her possession more than one drivers licence
here comes the kicker
Offence
(4.1) Every person who contravenes clause (1) (a) is guilty of an offence and on conviction is liable to a fine of .not less than $400 and not more than $50,000 2005, c. 26, Sched. A, s. 3 (2).
MY GOD 50k? What do I do usually I just go in on my own but hell this is quite a bit more then the usual speeding ticket!
There is no set fine, so unfortunately a summons/court date is required. Were all your licences from the same jurisdiction? I.e. your current licence along with past expired ones? I'm under the impression the spirit of the law is to prevent people from using various licences from various jurisdictions or with slight name variations. Unless you were actually using the various licences somehow to your advantage, I imagine you'd be facing the minimum fine.
There is no set fine, so unfortunately a summons/court date is required. Were all your licences from the same jurisdiction? I.e. your current licence along with past expired ones? I'm under the impression the spirit of the law is to prevent people from using various licences from various jurisdictions or with slight name variations. Unless you were actually using the various licences somehow to your advantage, I imagine you'd be facing the minimum fine.
I always thought it applied to licences of the same jurisdiction to encourage people to destroy their old licences, thereby reducing things like identity theft and people altering old DLs to make fake ID's, etc.
Stanton wrote:
I'm under the impression the spirit of the law is to prevent people from using various licences from various jurisdictions or with slight name variations.
I always thought it applied to licences of the same jurisdiction to encourage people to destroy their old licences, thereby reducing things like identity theft and people altering old DLs to make fake ID's, etc.
Does the "Valid with photo ID only" sticker make any difference in this case? I'm not sure if it can be argued that the sticker voids the plastic so that it is no longer a valid driver's licence - since the sticker is so easily torn off.
Does the "Valid with photo ID only" sticker make any difference in this case? I'm not sure if it can be argued that the sticker voids the plastic so that it is no longer a valid driver's licence - since the sticker is so easily torn off.
that is used when the person is waiting for a new photo licence to arrive in mail. Once you received your new licence, you are to destroy the old/expired one.
Squishy wrote:
Does the "Valid with photo ID only" sticker make any difference in this case? I'm not sure if it can be argued that the sticker voids the plastic so that it is no longer a valid driver's licence - since the sticker is so easily torn off.
that is used when the person is waiting for a new photo licence to arrive in mail. Once you received your new licence, you are to destroy the old/expired one.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
1 -G1 3 -G2 1 -G 1 -GZ 1- DF Z All Ontario just kept slipping them in infront of the old one I dont plan on pleading ignorance of course but they do have them as evidence I dont think I can get off with this however can I plead that it was an illegal search because I did not consent to it and they had no evidence to arrest me for th assault charge? My court date is June 28th so I got some time I requested disclosure (Fax) and I have the confirmation page Edit: Almost forgot I was sitting in booking when he was going through my wallet when he found them he said what are you selling these? I said "no them all being there should be proof enough I am not selling them" The officer did not answer and 8 hours later it was in my bag of belongings with no licenses I do not even have the current one wich is a pain because I cannot reach the officer.. How long will it take for disclosure I sent it today and if I dont have it by my court date can I file a stay because I have not received disclosure??
1 -G1
3 -G2
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1- DF Z
All Ontario just kept slipping them in infront of the old one I dont plan on pleading ignorance of course but they do have them as evidence I dont think I can get off with this however can I plead that it was an illegal search because I did not consent to it and they had no evidence to arrest me for th assault charge? My court date is June 28th so I got some time I requested disclosure (Fax) and I have the confirmation page
Edit: Almost forgot I was sitting in booking when he was going through my wallet when he found them he said what are you selling these? I said "no them all being there should be proof enough I am not selling them" The officer did not answer and 8 hours later it was in my bag of belongings with no licenses I do not even have the current one wich is a pain because I cannot reach the officer.. How long will it take for disclosure I sent it today and if I dont have it by my court date can I file a stay because I have not received disclosure??
If you can truly articulate that the officer had no grounds to arrest you, then the search could be deemed unlawful and therefore the evidence would be inadmissible. The officer would not need your consent to search however once you were under arrest. Also keep in mind that if the officer had reasonable grounds to arrest you, the search is still lawful even if you weren't charged with assault. The fact that you were held in custody for 8 hours would also indicate to me alcohol may have been an issue, so the officer may be able to articulate he had other lawful grounds to arrest you, such as intoxication. Regardless of the circumstances, just be aware that a charter argument can be complicated. If you're serious about fighting the charge I would suggest hiring a paralegal due to the complexity. I would also suggest speaking with the Crown on your first attendance date and see if they're willing to offer any kind of plea deal.
If you can truly articulate that the officer had no grounds to arrest you, then the search could be deemed unlawful and therefore the evidence would be inadmissible. The officer would not need your consent to search however once you were under arrest. Also keep in mind that if the officer had reasonable grounds to arrest you, the search is still lawful even if you weren't charged with assault. The fact that you were held in custody for 8 hours would also indicate to me alcohol may have been an issue, so the officer may be able to articulate he had other lawful grounds to arrest you, such as intoxication.
Regardless of the circumstances, just be aware that a charter argument can be complicated. If you're serious about fighting the charge I would suggest hiring a paralegal due to the complexity. I would also suggest speaking with the Crown on your first attendance date and see if they're willing to offer any kind of plea deal.
In my experience you pay a paralegal quite alot of money they go in and just cut a deal with the prosecutor because neither of them wanna have a drawn out court case or maybe its just the ones ive used... I have about a month to prepare. I guess I do see how he might have thought I did commit assault however none of that evidence wouldve held up in court anyway and no alcohol was not a factor believe it or not I was completely sober I was actually the designated driver that night Edit: About why it took so long I dont know I got arrested at 1230 and got out at 830 I hadnt realised I was even in there that long I slept for most of it I guess
In my experience you pay a paralegal quite alot of money they go in and just cut a deal with the prosecutor because neither of them wanna have a drawn out court case or maybe its just the ones ive used... I have about a month to prepare. I guess I do see how he might have thought I did commit assault however none of that evidence wouldve held up in court anyway and no alcohol was not a factor believe it or not I was completely sober I was actually the designated driver that night
Edit: About why it took so long I dont know I got arrested at 1230 and got out at 830 I hadnt realised I was even in there that long I slept for most of it I guess
I was just pulled over the other day by the same police officer he gave me a ticket for not signing the ownership however I dont think he even took it out of the slip it was in... I think he just wanted to give me a ticket anyway of course Im bringing it to court but I still havent had my court date for my last ticketg.. Im getting so frustrated with this!
I was just pulled over the other day by the same police officer he gave me a ticket for not signing the ownership however I dont think he even took it out of the slip it was in... I think he just wanted to give me a ticket anyway of course Im bringing it to court but I still havent had my court date for my last ticketg.. Im getting so frustrated with this!
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
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So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
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- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
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So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
Multiple driver licenses
