Officer never asked to see driver's license

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287
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Officer never asked to see driver's license

by: 287 on
Thu Jun 19, 2014 8:32 am

Good day,

If a ticket is issued to an Ontario driver, and the officer who issues the ticket never asked to see the driver's license of the accused, would it matter in court when defending against the ticket? Please assume the officer obtain the driver license # through other means.


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highwaystar
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by: highwaystar on
Thu Jun 19, 2014 10:40 am

Not reviewing the original driver's licence from the defendant would undoubtedly create reasonable doubt regarding the identity of the defendant. After all, how will the officer be able to claim they confirmed the identity---based on an unauthenticated copy? Such being the case, I would definitely go to trial with any charge laid.


287
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Joined: Mon Nov 18, 2013 8:57 am

by: 287 on
Thu Jun 19, 2014 1:26 pm

Thank you Highwaystar. I asked the person representing the defendant in the proceeding the same question and was told that it really would not be an issue. A plea deal was agreed upon in the end, as trial would have meant waiting longer, and that was not well tolerated by the defendant. I have learned so much from your feedback, and others here. Your time is truly appreciated.


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