possesing more than one licence ticket info? and valid?

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specializedtempogl
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possesing more than one licence ticket info? and valid?

by: specializedtempogl on
Sun Oct 30, 2011 3:52 pm

so in august i went for a ride after work was going down a dark poorly lit road then on to a major road where i encountered a police car coming toards me as i passed him ( at speed limit etc) he turned around pulled behind me and the cherrys came on :S.

he said whats the hurry ? i said what ?( as i was doing like 55in a 50.) he said i have a report of you doing about 120km/h down (the poorly lit road i was on priviously). i said there no way officer. he said well they gave me your plate number and description of the car.( im my opinion if i was doing 120km/h at 1230 at night on a poorly lit street you coudnt get a cars licenc plate with out being right behind me or i was doing the LIMIT!! wich is a 50 zone). (now because he really cant prove f i was speeding or not he cannot give the ticket ) so gave up he then asked for my info i pulled my wallet out gave drivers licence then pulled reg and ins slip out of the glovebox (now i have one of those little blue folder thing and when u open it on top has my reg and bottom has my ins slip. the officer then proceded to go through this folder!( is this legal without asking ?) and in behind numerous other papers etc.. was my old G1 licence! it had been in there since november 2010 when i got my car and new G2 licence all my info on the 2 licences match other then one is a valid G2 and ther a G1 with the valid for photo ID only sticker on it ( same adrees EVERYTHING BUT G1 and G2). he then gave me a ticket for possesing more then one licence :S.


my question is---1) was he legally allowed to go through that blue folder without my permission.?? since the card wasnt visible it was hidden in behind all the other papers. ( i also didn even realize it was there :S)
2) when the officer wrote the ticket he wrote my adress as 663 BLoem st and my real adress is 633BLoem st will this ticket still be good or ?? because ALL my other info is stated as 633bloem.
3) i also dont even know the fine or penalty for the ticket ????
4) is there any way at all i could get some sort of a fraud charge for this even tho it wasnt used for fraud etc...??(as i cannot have a record for fraud at my current job and would get fired:S).

i went to court oct 28th and was givin a disclosure pack and need to go back on nov 18th to set trial date or plead guilty etcc..

PLEASE any and all info would be greatly appreciated!! i have called all over town police station city hall etc.. for help on this with no ansers at all!


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hwybear
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by: hwybear on
Sun Oct 30, 2011 6:33 pm

just for clarification for you and others....you did not receive a "ticket" (provincial offence notice), what you received was a summons!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Stanton
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by: Stanton on
Sun Oct 30, 2011 8:54 pm

specializedtempogl wrote:1) was he legally allowed to go through that blue folder without my permission.?? since the card wasnt visible it was hidden in behind all the other papers. ( i also didn even realize it was there :S)
2) when the officer wrote the ticket he wrote my adress as 663 BLoem st and my real adress is 633BLoem st will this ticket still be good or ?? because ALL my other info is stated as 633bloem.
3) i also dont even know the fine or penalty for the ticket ????
4) is there any way at all i could get some sort of a fraud charge for this even tho it wasnt used for fraud etc...??(as i cannot have a record for fraud at my current job and would get fired:S).
1) Did you give him the folder? While police can't just randomly search your car, if you gave him the folder there's nothing wrong with him looking through it. The documents in those folders, especially the ownership, need to be pulled out to be properly examined anyways.
2) Minor address errors aren't grounds to have the charge withdrawn. Regardless, that only applies to regular tickets and as HwyBear said, you received a summons.
3) There's no set fine, hence why you were given a summons instead of a regular ticket with a fine. I believe the possible fines start at $400 and up.
4) No, this is a provincial offence. Fraud is a criminal offence, and some type of intent would need to be shown.

I'd suggest speaking with the Crown and seeking some type of plea deal. Be honest, you forgot you had your old licence, weren't using it for any nefarious purpose and see if they'll cut you a deal to a less serious offence/fine.


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Simon Borys
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by: Simon Borys on
Tue Nov 08, 2011 3:12 pm

If the officer did conduct a search then there may be an arguable issue here about reasonable expectation of privacy and a breach of s. 8 of the Charter. If a breach is established you can apply under s. 24(2) of the Charter to have the evidence excluded, which would essentially mean no evidence, therefore no conviction.

If you were going to go that route, you would probably be well advised to hire a lawyer (not a paralegal). It would likely be costly.
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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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