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Old 10-06-2009, 05:55 PM   #1
Dr. Flyview
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Question Asking for a little legal advice



SUMMARY OF INCIDENT:

-G2 expired Aug 6, 09
-Booked G2 exit road test Aug 5, 09 for Sept 11, 09
-Temporary license extension was granted until test date Sept 11, 09
-DriveTest centres go on Strike Aug 24, 2009
-Get pulled over Oct 4, 2009
-Show license (not the temp one, forgot I had it) and explain situation
-Get "No license" ticket b/c of Aug 6, 09 expiry date
-Officer keeps my expired license
-Officer claims it expired before the strike, won't listen that I have temporary extension which frankly I figured he would see on his computer

The official law states that due to the strike all drivers needing a road test to renew their license will have their license or TEMPORARY license extended until the strike is over. (Ref)

I am sending in my intention to appear in court form, application for "first attendance meeting with prosecutor", and a copy of the ticket.

QUESTION: Should I include a letter with an explanation and a copy of my temporary license or will they not even look at it and continue with trial proceedings?

Thanks for your input.

Flaviu
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Old 10-06-2009, 07:29 PM   #2
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if you have the proof that your license was extended before the strike than your fine.. if the strike finishes before the court date than you should be ok to get the documentation... your fine.. if you cant prove otherwise your ****ed
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Old 10-06-2009, 08:06 PM   #3
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Realistically bro, you'll probably have to go down there.
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Old 10-06-2009, 08:24 PM   #4
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Technically your license has expired on aug 6/09, (you booked on aug 5/09 for sept 11 test date) so official is correct in stating it expired before the strike.

The charge will proceed, all you can do is explain your circumstances to the prosecutor in the hope for a lesser fine.
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Old 10-06-2009, 09:54 PM   #5
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Quote:
Originally Posted by damameke View Post
technically your license has expired on aug 6/09, (you booked on aug 5/09 for sept 11 test date) so official is correct in stating it expired before the strike.

The charge will proceed, all you can do is explain your circumstances to the prosecutor in the hope for a lesser fine.
^ +1

Fight it though and hope the cop doesn't show.
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Old 10-07-2009, 12:07 AM   #6
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Quote:
Originally Posted by damameke View Post
Technically your license has expired on aug 6/09, (you booked on aug 5/09 for sept 11 test date) so official is correct in stating it expired before the strike.

The charge will proceed, all you can do is explain your circumstances to the prosecutor in the hope for a lesser fine.
Official is incorrect. He had a temporary license. It will get dropped, or the charge will be changed to failure to show license, which I believe is far less serious than "no license". I don't know if they can change the charge though, so it will most likely get dropped.
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Old 10-07-2009, 12:35 AM   #7
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Yes, I have the documentation to prove it... Both the application for the extended temporary license and the temporary license itself. The only reason I forgot to show it to him on the spot is b/c in the 30 seconds he talked to me he seemed cool with the idea of the strike and why my license is expired. 15 min later he shows up with the ticket and won't listen further.

Anyway, I guess the consensus is I gotta go to court. So is there no point in providing the relevant documents to defend myself along with the intention to fight the charge (mailed)?
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Old 10-07-2009, 12:49 AM   #8
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no point. you should take those to the prosecutor, he/she should drop it for you.
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Old 10-07-2009, 09:51 AM   #9
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I believe if you want you can schedule a first attendance meeting which allows you to go to the court and talk to the crown prior to your trial date. This I would try first, if you don't like what they offer you just contest the ticket in court as nothing in a first attendance meeting is legally binding. Remember to bring all your evidence to that meeting to show that you can prove you were at the time a valid driver.
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Old 10-07-2009, 09:54 AM   #10
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Originally Posted by Arash View Post
Official is incorrect. He had a temporary license. It will get dropped, or the charge will be changed to failure to show license, which I believe is far less serious than "no license". I don't know if they can change the charge though, so it will most likely get dropped.
From the original OP post;

point 1 - license expired Aug 6/09

if his license did not expired; and technically speaking... you dont need a temporary license,, isnt it?

the charge will stand but plead your case when you see the prosecutor, sending in your explanation wil not result to anything...
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Old 10-07-2009, 12:19 PM   #11
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^^ What??
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Old 10-07-2009, 01:01 PM   #12
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Even though yo're gonna waste some of your time by going to court (or at least first attendance), make sure you have your proof showing that your licence was extended and they'll drop it. I wouldn't worry about it if you have all your paperwork together.
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