Track Junkies

Interested in Advertising on 780Tuners?  Please contact us

Page 1 of 5 123 ... LastLast
Results 1 to 9 of 43

Thread: Section 51(d) - Operating vehicle without license in possession

  1. #1

    Default Section 51(d) - Operating vehicle without license in possession

    So over the long weekend we were in Banff and I lost my license somewhere. Probably some rental place that holds your ID as collateral and I never got it back or something but I don't think that is relevant. I misplaced my license while on vacation and obviously with it being a holiday Monday, couldn't get it replaced just yet. Shit happens.

    Anyways, last night I was driving to red deer for work, and was stopped at a traffic stop. They stopped me cause of tinted windows but let me off on that ticket but instead gave me one for operating a vehicle without my license in my possession. I explained the situation and asked the officer that, given the circumstances, what would he have had me done to avoid getting this ticket. He said "well you just have to go to the registry and report you license as lost or stolen and get a new one." So I said something like - Yes, I'm well aware of what I have to do to replace my license, but given that it is a holiday Monday and no registries are open, and I am currently driving to work in Red Deer (showed him my gate pass to work), what should I have done to prevent this ticket? He told me "look, you're lucky I'm not giving you a tint ticket as well - you shouldn't be driving without your licence in your possession, have a nice day.

    I'd be cool with a completely justified 75 dollar tint ticket but given the reasoning I had, a 233 dollar ticket for driving without licence in possession seems a bit unnecessary. I'm not sure what lesson I'm supposed to learn from this, as I already know it is bad to misplace a drivers license which is why in 11 years of having a permit, it has only ever happened this one time.

    So i guess my question is, if I want to dispute this, or at least present my reasoning, can I have someone go to the court on my behalf or does it have to be me that is there? Also, with having already been dismissed for a tint ticket, I assume its not possible for them be change their mind on that, as that should be a dead matter now, correct?

    I was thinking about disputing based on the following:
    Where a person is charged with an offence under this Act or
    a bylaw, the court trying the case may dismiss the charge if the
    person satisfies the court that the offence could not have been
    avoided by the exercise of reasonable care or precaution.
    Doesn't seem reasonable to miss out on $300+ in wages on tuesday by taking half a day off to try to mitigate getting a $233 ticket.
    But the big difference between a right winger writing for a right wing media source, and left winger writing for a left wing source. Is that everything he wrote here is true and factual, not just somebodies opinion piece that is spinning vague facts to try and support their poorly thought out opinion.
    -Viktimize

  2. #2

    Default

    You can have someone attend on your behalf. Plead not guilty and send the ticket in. Send the 3rd party person in to talk to the judge and send them with a noterized letter stating what happened.

  3. #3
    Join Date
    Aug 2010
    Posts
    2,064

    Default

    Why would he plead not guilty? He was guilty of driving without a license in his position....

  4. #4
    Join Date
    Jun 2005
    Posts
    4,345

    Default

    I'd do it on the basis of getting a reduction.
    2010 Jeep SRT8 aka Boris / 2G Toyota 4Runner (22RE) aka Gandalf / 4G 4Runner (2UZFE) aka Blacky Chan / 2007 CBR600RR (race bike)

  5. #5

    Default

    Quote Originally Posted by MaverickXeo View Post
    Why would he plead not guilty? He was guilty of driving without a license in his position....
    I was hoping you would chime in because you seem to operate under the same train of thought as the officer who gave me a ticket.

    Given that:
    -I realized I had misplaced my license Sunday night
    -Monday was a holiday and all registries are closed
    -I needed to be in Red Deer Monday night for work

    What do you propose someone in that situation do to avoid getting a ticket?
    But the big difference between a right winger writing for a right wing media source, and left winger writing for a left wing source. Is that everything he wrote here is true and factual, not just somebodies opinion piece that is spinning vague facts to try and support their poorly thought out opinion.
    -Viktimize

  6. #6

    Default

    Quote Originally Posted by the_fornicator View Post
    I'd do it on the basis of getting a reduction.
    Yes, I would be hoping for a reduction because the ticket serves no purpose.
    But the big difference between a right winger writing for a right wing media source, and left winger writing for a left wing source. Is that everything he wrote here is true and factual, not just somebodies opinion piece that is spinning vague facts to try and support their poorly thought out opinion.
    -Viktimize

  7. #7
    Join Date
    Aug 2010
    Posts
    2,064

    Default

    Quote Originally Posted by 780rx View Post
    I was hoping you would chime in because you seem to operate under the same train of thought as the officer who gave me a ticket.

    Given that:
    -I realized I had misplaced my license Sunday night
    -Monday was a holiday and all registries are closed
    -I needed to be in Red Deer Monday night for work

    What do you propose someone in that situation do to avoid getting a ticket?

    I wouldnt plead not guilty... Id probably just suck it up since I lost it.

  8. #8

    Default

    I'd try and talk to the crown prosecutor before hand. Likely get a reduction, or less demerits.

    The unknown variable here to the officer is... did you actually lose it the previous day and couldn't get a new one, or did you lose it weeks ago and never attempted to get a new one?

    It's hard to prove that point - and may be the reason he stuck you with the ticket.

  9. #9
    Join Date
    Jun 2005
    Posts
    4,345

    Default

    Quote Originally Posted by 780rx View Post
    I was hoping you would chime in because you seem to operate under the same train of thought as the officer who gave me a ticket.

    Given that:
    -I realized I had misplaced my license Sunday night
    -Monday was a holiday and all registries are closed
    -I needed to be in Red Deer Monday night for work

    What do you propose someone in that situation do to avoid getting a ticket?
    A small slice of advice, I would really drop that argument as it's coming across really whiny.

    I'm all for "giving it to the man and fighting a ticket" regardless if you're actually responsible or not, but the reality is that tickets aren't supposed to dole out learning lessons. They're fines for infractions which I'm sure you're aware of.

    Bottom line is that you knew you lost your license, you as a responsible adult know you can't drive without a license, and you knowingly took the risk to drive without your license. What do you do? Either take the risk or not -you drive to work or you stay at home. You took the risk and are complaining that you got caught because you couldn't keep track of your belongings and are playing it off as "unavoidable".
    2010 Jeep SRT8 aka Boris / 2G Toyota 4Runner (22RE) aka Gandalf / 4G 4Runner (2UZFE) aka Blacky Chan / 2007 CBR600RR (race bike)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •