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 I had 7 in my wallet all this legit and yes I am stupid for not throwing them out but anyway the assault charges got withdrawn but I still have to go to court for this (I dint ask) I did not think it was that big of a deal until I did some research and this is what I came up with.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 I had 7 in my wallet all this legit and yes I am stupid for not throwing them out but anyway the assault charges got withdrawn but I still have to go to court for this (I dint ask) I did not think it was that big of a deal until I did some research and this is what I came up with.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??
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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 received a $450 ticket for parking in a handicap loading zone. I did not see the sign and the pavement was not marked. I have lived in Toronto for 15 years and this is the first ticket of any kind I have received. My last ticket, in a different city, was over 20 years ago. I am always very careful about parking and traffic regulations.
I cannot afford to pay $450. I do not make a lot of…
Petition to change HTA 136 (1)(A)Failure to Stop at Stop Sign
Hello, it does not seem right that not coming to a complete stop, that your wheels do not stop turning or rolling stop carries the same penalty as not stopping at all at a stop sign . I think it's time this laws challenged and quashed. I wondered how to go both that? Can we start a website that we can sign a petition to have this law…
My 78 year old Mother got a ticket at 8am on March 31/09 as the morning sun was in her eyes and she (as well, many others), didnt see the sign ahead-"No straight throughway (between 7-9am Mon to Fri". (All english Sign might I add) at Dundas & Shaw. (**Proceed Contrary Sign Intersection -HTA-144(9).
4 months prior to her court date in November, I requested disclosure 3 times prior to her…
Reference is made in the HTA to Stop Signs at Railway Crossings (passive crossings):
HTA, 163 (2)
O Reg 615 (7)
However I cannot find specific regulation detailing how a railway crossing controlled by a stop sign must be configured.
The Ontario Traffic Manual, Book 11 - Markings and Delineation under section "3.9 Reserved Facility Markings - Railways" (p99) speaks to the needs for marking, but is…
I got a parking ticket on Halloween around 9pm for parking in front of a cross walk in a residential street. There's no sign or anything that says you can't park there.
You know the crosswalk/walkways in residential streets that are fenced on both sides and that simply lead you to another street on the other side is what I'm talking about.
The parking ticket officer must have seen me walk in…
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
Hi, new at this and could use all the help and guidance..
My brother just got in an accident where he swerved to avoid hitting a squirrel and got in an accident. Luckily, no one was hurt as he did not hit another party so it was just our car (old car and it will be a write off). The cop issued a careless driving ticket - notice of appearance. I read a similiar thread about this but not sure if it…
There is some construction going on for the last three months and hence, the northbound right lane on airport road at queen street which exits is closed due to construction and they have put barriers. they have put the right turn sign on the adjacent lane in the black background. Also the right lane north of Queen Street at Airport road is closed and they have an arrow sign there which indicates…
I keep being told that if you are found to be driving with bare feet, you could be fined etc... but nowhere can I find the actual rule anyway. Does anyone know if this is truly illegal - or perhaps used to be? In summer, sandals being what they are, its much safer, in my opinion to kick them off and drive with bare feet.... but then I hate anything on my feet in hot weather!
I got pulled over yesterday on the Sir John A. Macdonald Parkway in Ottawa for going 106 km/h in a 60 zone. It was around noon, the weather was good and I was the only car on the road. He was hiding around a corner and was just stopped in the right lane (there are no shoulders on this road). I was alone in my car and neither of us said much, he didnt reduce my fine and gave me a ticket of a set…
I recently received a ticket from a military policeman on a military base in Ontario. Therefore, I was charged under the "Government Property Traffic Regulations" (GPTR), section 9. I know that some may say, why are you posting on a website for the HTA? Well, in Ontario, the military uses the Provincial Offences Act/Ontario Court of Justice for traffic tickets issued on a military base, i.e.…
For my first ever post, I'm going to ask for your own story dealing with a s.172 charge.
There is a lot of teeth grinding online about the street racing laws but few hands-on accounts from people who have been there and done that. I saw many posts from people seeking advice but few mention the actual outcome.
With about 1/3 conviction rate, there should be many success stories around. Even if you we…
... two cars pulled over, we (my wife and 7 month old boy) were passing a truck in the passing lane, first car passed me and I pulled out behind him. Crested a hill while on a curve, pass the truck and move back into the driving lane. Police officer shows up behind and pulls us both over. Gave me a ticket saying I was following the car in front doing 124km/hr.
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
Sorry if this has been covered, but I searched and didn't find anything.
Just thought I'd share my recent experience.
Last Friday I was driving myself and my wife home from a nice dinner date in Markham/Richmond Hill north of T-DOT, and I had two (what looked like) ETF officers "tail" me home and park on my driveway.
I had been driving southbound and reached a red light stopped in the right…
I have my trial date coming up next week. I got a ticket in North Bay, ON for driving 139km/h on a 90km/h. He was using a Genesis II directional radar. Tested it before and after the stop according to the notes. In his notes, he mentions the speeds that were displayed on the radar which were 140, 141, and 139. In his notes, he also mentions that the color of my car was blue when it is…
I paid my fines for 2 tickets; fail to provide ownership and fail to provide insurence. I now know i should have checked not guilty and mailed them in.
(the papers were in the car. I was looking for them but was distracted by a badgering 2nd officer who was attempting to identify my passenger. I found them when i stopped for coffee later.)
Now that you actually opened this topic and I have your attention
Please read all items below 1 to 8
1) If YOU start a THREAD/DISCUSSION for an incident - KEEP on ONE THREAD, even for no activity for several months or even just to keep updates for court steps, stay on one thread
HOW DO I FIND MY POST? >> TOP right of page is the following: view unread posts / view new posts / view…
I plan to request disclosure through registered mail or fax. I've tried requesting in person but got rejected because they told me I did not provide sufficient information on my Disclosure Request letter.
My question is, do they really need the officer's name and division when I provided them with the Offence Number, Offence Date, Charge, Court Date, and Location? Also they said they do…
Been charged with Careless Driving in a residential area.
1. The Officer has a Witness statement. If the Witness does not appear at Trail, can that statement be introduced at Trial by the Crown and used against me.?
2. The Address "Number" (the Street is correct) on the infraction does not remotely exist, is an empty field. Does this matter?
Is there a requirement for commercial vehicles to be maintained only by licensed mechanics (e.g., oil changes, tire rotations)? I'm working with Habitat for Humanity and we are looking into a cargo van for the ReStore; I'm more than capable of doing maintenance but I'm not sure if it is legal because I am not a licensed mechanic.
Multiple driver licenses
which I had not search.
Now that you actually opened this topic and I have your attention 