Violation Under HTA S.33(1)
 

My friend always gets the stupidest tickets...possible....and he knows i'm always on the TCC asking questions........and he'z aware we have a Traffic tickets section

so here goes another one......

what do u guys think

this is what he got a ticket for failure to surrender his license...

33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).


anyone know if there'z anything that can possibly done?

Would the section below mean it'z okay?....as long as u told ur proper address and and name etc.??...or does s.33(1) still stand?

Identification on failure to surrender licence

(3) Every person who is unable or refuses to surrender his or her licence in accordance with subsection (1) or (2) shall, when requested by a police officer or officer appointed for carrying out the provisions of this Act, give reasonable identification of himself or herself and, for the purposes of this subsection, the correct name and address of the person shall be deemed to be reasonable identification. 1993, c. 40, s. 3.


Any suggestions and opinons would be good....
thanks guys.

i'd have to see sections 1 and 2 as it relates directly to them..

There it tis....the whole section 33....i'm checking other sections right now......to see if there is anything that relates...at all


As to carrying licences and surrender on demand

33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).

Same, re novice driver rules

(2) Every accompanying driver, as defined under section 57.1, shall carry his or her licence and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. 1993, c. 40, s. 3.

Identification on failure to surrender licence

(3) Every person who is unable or refuses to surrender his or her licence in accordance with subsection (1) or (2) shall, when requested by a police officer or officer appointed for carrying out the provisions of this Act, give reasonable identification of himself or herself and, for the purposes of this subsection, the correct name and address of the person shall be deemed to be reasonable identification. 1993, c. 40, s. 3.

bottom line is that he didnt have it and u need to have it...its basically the cops discretion to allow you to bring it in within a day and show him that you do indeed have a valid license.

I've never seen this ticket been thrown out...the JP is pretty upfront with their decesion on this when its brought to court and lets say they arent very happy

unless he has a super good reason why he didnt have it like his wallet was stolen and he was on his way to the ministry for a temporary one or whatever he's screwed

well they could try and fight it under section 3..
seeing as the HTA does offer an alternative for the "oops, forgot it at home" syndrome

its also up to the officer to give 24hrs to report to a police station with the proper DL but again its up to the OFFICERS discretion to do this

thanks guys so far u guys have been really helpful

So he can go to the station and say i got the license...? and it'z up the to the cop to say okay.....and then what happens?..does the cop drop the ticket? himself...or how does that work?

the officer gives you that option on the spot if he feels like bein nice...so if he wasnt offered that then he cant do it.

also section 3 as I read it is saying if no licenese is presented then u must give another valid piece of ID to identify yourself with proper name address etc. just as a means to identify yourself. This in no way substitutes for a license...its bascially for warrant checking and other ID checking purposes

ahhh alright....haha thanks guys......hahaha what a guy now he'z gonna have to pay that ticket Sucker........hahaha isn't it points too?.....or no?

I dont think its points its a minor ticket same as 14 over..I could be wrong though

If its a minor ticket with no points he could go see a Justice of the Peace and ask that the fine be reduced. Nothing to lose and if you catch the JP on a good day he might not have to pay much money. "I'm a student and I forgot my license on my way to the library" should work, it's not like him forgetting his license put children at risk or anything.