My conviction doesn't match my original charge???

Vin
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My conviction doesn't match my original charge???

by: Vin on
Mon Jan 11, 2010 8:31 pm

I was given a section 106(2) (driver-fail to Properly wear a seat belt), on my Offence Notice ticket.
When i received my "Notice of Fine and Due Date" in the mail, i was convicted of "DRIVER FAIL TO USE SEAT BELT".

On the side of the road I told the officer that i had the shoulder strap under my arm. Its an old commercial truck, i am short, and need to lower the seat to reach the pedals, so the strap crosses my face, so i put it under my arm.

the officer then gave me this ticket.

My question is:
Is there an issue here to fighting this ticket with the fact that the notice ticket charge doesn't match the conviction notice i received.

thks

vin


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racer
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by: racer on
Wed Jan 13, 2010 11:03 pm

There might be. Get the disclosure, read up on the 106, and do your homework.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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by: HQS on
Mon Aug 09, 2010 2:46 pm

I don't see how 106 would apply in this case.
106 states that the seat belt needs to be properly worn regardless unless there is a safety issue... here's a copy paste of subsection #5



How to wear seat belt assembly

(5) A seat belt assembly shall be worn so that,

(a) the pelvic restraint is worn firmly against the body and across the hips;

(b) the torso restraint, if there is one, is worn closely against the body and over the shoulder and across the chest;

(c) the pelvic restraint, and the torso restraint, if there is one, are securely fastened; and

(d) no more than one person is wearing the seat belt assembly at any one time. 2006, c. 25, s. 1.

Here's a copy of 106.1 regarding the seat belt mechanism itself...

Seat belt assembly must not be removed or altered

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.


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by: The Stig on
Mon Aug 09, 2010 3:39 pm

Vin;

The ticket as completed is the charging document. Whatever it says, is the charge that is/was before the court. The wording on the notice you got (after it went 9.1 fail to respond conviction) likely is just a short form drop down style of selection on the computer when filling in the notice. Don't be too concerned with the exact wording used on the notice, it isn't the charging document.


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