No/improper License But Really Failure To Produce License
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 . 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
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
Re: No/improper License But Really Failure To Produce Licens
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 If you were charged under the wrong section it will likely be withdrawn by the prosecutor if you can prove that you had a valid licence at the time you were stopped or you should be able to get an acquittal if you take it to trial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.
Re: No/improper License But Really Failure To Produce Licens
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.
-
- Similar Topics
-
-
New post Failure to produce a license when pulled over
by cutensassy in General TalkLast post by Squishy Wed Sep 09, 2009 7:29 pm
-
-
-
New post Need advice: Improper use of HOV lane /No driver license
by horus1219 in General TalkLast post by Notice of Trial Thu Sep 13, 2012 1:01 pm
-
-
-
New post Failure to surrender license
by thisismyusername in General TalkLast post by jsherk Mon Oct 19, 2015 2:23 pm
-
-
-
New post failure to surrender license
by torontobboy21 in General TalkLast post by Stanton Fri Feb 11, 2011 1:04 am
-
-
-
New post failure to surrender license (g2)
by sumyeikmei in General TalkLast post by bend Thu Mar 05, 2015 1:24 am
-
-
-
New post failure to surrender license section33(1)
by ianw in General TalkLast post by Stanton Fri May 04, 2012 5:45 pm
-
-
-
New post charged with DRIVING w/ NO LICENSE / FAILURE TO STOP RED LIG
by lkp1v07 in General TalkLast post by Simon Borys Wed Feb 23, 2011 8:53 am
-
-
-
New post Failure to update address on license ticket?
by srryoffcr in General TalkLast post by srryoffcr Mon Jun 29, 2009 3:27 pm
-
-
-
New post two questions - suspended license and failure to report
by jac02010 in General TalkLast post by jac02010 Mon Feb 27, 2017 11:46 am
-
-
-
New post what is the offence for failure to produce insurance etc
Last post by Radar Identified Fri Nov 19, 2010 4:21 pm
-
Who is online
Users browsing this forum: No registered users and 67 guests