Seat Belt Ticket
01-15-2007 | 02:49 PM
#1
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Seat Belt Ticket
Ok on friday night i got a no seat belt ticket. Somehow at 10:30 in the rain an officer saw from 3 or more cars behind me that i was not wearing a seat belt. BTW i was wearing one. On the ticket he wrote section 106(3) but that is not the right section. 106(3) is for a passanger not wearing a seat belt. 106(2) is driver does anyone know if this will get thrown out?
106. (1) No person shall drive on a highway a motor vehicle in which a seat belt assembly required under the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative, modified so as to reduce its effectiveness or is not operating properly through lack of maintenance. 2006, c. 25, s. 1.
Use of seat belt assembly by driver
(2) Every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly as required by subsection (5). 2006, c. 25, s. 1.
Use of seat belt assembly by passenger
(3) Every person who is at least 16 years old and is a passenger in a motor vehicle on a highway shall,
(a) occupy a seating position for which a seat belt assembly has been provided; and
(b) wear the complete seat belt assembly as required by subsection (5). 2006, c. 25, s. 1.
Use of seat belt assembly by driver
(2) Every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly as required by subsection (5). 2006, c. 25, s. 1.
Use of seat belt assembly by passenger
(3) Every person who is at least 16 years old and is a passenger in a motor vehicle on a highway shall,
(a) occupy a seating position for which a seat belt assembly has been provided; and
(b) wear the complete seat belt assembly as required by subsection (5). 2006, c. 25, s. 1.
01-15-2007 | 05:53 PM
#2
there's a mistake on the ticket written by the officer, take it to court and show up, the judge will ask if you wanna fight it say yes, he will then call upon the cop and then ask him for evidence about issuing this ticket, he has no evidence of the "passenger" then it will be thrown out, or you take to the prosecutor before hand and it may even be thrown out before you reach the judge.
btw he has to also log who he stopped in the vehicle, where and when, so your safe dont sweat it.
btw he has to also log who he stopped in the vehicle, where and when, so your safe dont sweat it.
01-16-2007 | 11:30 AM
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Who is the prosecutor? How do i got about show them the ticket? Is that the person who check your name off? Or do i have to show the prosecutor be4 my court date?
01-16-2007 | 12:18 PM
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This Tutuorial should answer all your questions: Tutorial - Fight Speeding or Traffic Tickets in Ontario Provincial Offences Court
01-16-2007 | 08:14 PM
#7
you cant obtain a disclosure because this is what the cop is using agains't u, besides he has nothing on you because if you were a passenger in the car, he has to prove that someone else wat driving the car which he cannot.
01-16-2007 | 09:29 PM
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Originally Posted by 3nidapooh
you cant obtain a disclosure because this is what the cop is using agains't u, besides he has nothing on you because if you were a passenger in the car, he has to prove that someone else wat driving the car which he cannot.
You need to flip over the ticket, use your option to contest or fight the ticket, you can mail it or drop it off if it's close, Depending on which court you have to attend, they are all different, but go in where everyone pays the fines, and there is a form to fill out to get the dislosure, which is the officers notes on your stop.
as for the error on the ticket, I don't think that will help. I think you need to plead your case with Visibilty, I assume you were wearing it when he came up to the vehicle.
you really need to see his notes before you start thinking about a defence.
it's a cheap ticket, have fun with it, it's the only time you can cross examine a cop, use a nasty tone and he has to answear in front of the judge, also, if you wear a suit and represent your self the judge will help you with the questions and answears... get that far and your off...
or you can speak to a lawyer but I sure had a blast getting out of my big ticket last year
Good luck
01-16-2007 | 09:46 PM
#9
i thought he was talking about somethign else, but my bad
"Once you receive your court date, request the disclosure for your case immediately. Disclosure requests should be sent to the appropriate prosecutor’s office by either fax or mail. For faxes, make sure to keep the confirmation page that your fax went through, in case the prosecutor at the day of the trial states he or she never received the request. It is also a good idea to send a disclosure request through registered mail for the same reason.
Call the appropriate Provincial Offences Office to get the name and fax number of the prosecutor handling your matter so that you can direct the disclosure request to them."
that what i've heard and known about traffic violations but i dont know if its the same for speeding tickets.
"Once you receive your court date, request the disclosure for your case immediately. Disclosure requests should be sent to the appropriate prosecutor’s office by either fax or mail. For faxes, make sure to keep the confirmation page that your fax went through, in case the prosecutor at the day of the trial states he or she never received the request. It is also a good idea to send a disclosure request through registered mail for the same reason.
Call the appropriate Provincial Offences Office to get the name and fax number of the prosecutor handling your matter so that you can direct the disclosure request to them."
that what i've heard and known about traffic violations but i dont know if its the same for speeding tickets.
01-16-2007 | 10:57 PM
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Originally Posted by BadAssGN
I assume you were wearing it when he came up to the vehicle.
01-17-2007 | 05:33 AM
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Originally Posted by BrowNKiD
You see that where i kinda screwed my self. Needless to say this isnt my first time being pulled over so i know the retuine. Driver License and insurance. So as soon as i pull over i always have it ready by the time they come to the window. So my seat belt wasnt on at the time the officer came to the window but the car was off.
Yeah, not wearing it when the cop came to the car is the problem, I'd bet he didn't even pull you over for a seat belt, it was just a bonus when he got to the car....
at the very least, fight it, they will reduce it just to get you to pay and not waste the courts time
I can't wait till we can get the incar video as part of the disclosure...
and I'm no expert on traffic tickets, I just studied a lot of stuff and beat a 38 over ticket in provincial court (opp) which is no easy task.
you have to discredit the officers ability to use the radar equipment and discredit the radar.
lets just say the radar that works while the cop drives is not very accurate....
01-17-2007 | 09:34 AM
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Originally Posted by BrowNKiD
oh one more note i argued with the cop about the seat belt and he said that he saw me not wearing it on the street behind the ttc bus. will that helpme?
Always keep your hands on the wheel and turn on your interior light at night.
They would rather wait while you look for your stuff than wonder what your digging for..