Need Help On This

Posts: 9
Joined: Sun Jul 17, 2011 6:51 pm

Need Help On This

by: SidinBram on
Mon Jul 18, 2011 8:37 am

The time was just after 3.00pm on a sunny afternoon. I picked up my daughter and her friend from school and dropped her friend off first and then proceeded to return to my home. My daughter wore a black jacket and had her backpack still on and as usual twisted her body and her face to chat with her friend at the back seat. After dropping her friend off, my daughter sat tiredly, her head leaned against the door.

The signal was green. I took a right turn from Ray Lawson to Mavis Rd. nb and had to immediately change lane to make a left turn to Clementine Dr. The distance between Ray Lawson and the start of the left turn lane for Clementine Dr is approximately 100m. I noticed police waiting at dead lane. I was pulled over just after I made the left turn on Clementine Dr. The officer said that I made an improper right turn. I explained that I lived nearby and had to make a left turn. He then added that he saw my daughter sitting in the front passenger seat without a seat belt. This got me puzzled and surprised and I leaned back to show the office that she was indeed wearing her seat belt. The office said something about 2 parallel belts. The police officer asked me for her age and I replied that she is 16yrs and he looked at my daughter and she told the officer that she was 16. She carries her health card with her all the time. The officer then said that he could "write me a $90 ticket for that". I plead with the officer that she is wearing her seat belt. I did not yell or scream. That is the last thing I would do!

He took my papers and afterwards returned to my car and handed me a ticket for 141 (2) Improper right turn. I plead with the officer that she is wearing her seat belt, but the officer said that he did not write a ticket for the seat belt, but now since I was yelling at him, he was going to write the ticket for the seat belt. He returned to my car and handed over the second ticket, but as he handed over the ticket to me, my daughter tells him that she is wearing her seat belt. Officer said that she's lying and my daughter replied that she was not . Meanwhile another police officer stepped out from the cruiser. The one that wrote the ticket turned to him and asked "did you see her wearing?" and the other officer says "no". Officer handed me both the tickets and they whiz away. I looked at my tickets and I notice that I was given a ticket for $240 and charged with"Drive while passenger under 16 fails to properly wear seat belt 106 (4)(a)(ii). The notice of trial says "Fail to ensure pass seat belt" 106 (4) (A). My daughter was 16 yrs and 6 months at the time of this incident, and despite having told the officer that she was 16 I was given a ticket. I felt as if I was punished for something and this has stressed me out.

Please let me have your valuable opinion on this. I would be most thankful for any feedback from you. My trial is set for the 3rd week in August and I intend taking my daughter and her friend to court. I really appreciate the great job that this forum is doing.

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by: Stanton on
Mon Jul 18, 2011 10:08 am

I wouldnt worry about the seatbelt ticket. The Crown will most likely withdraw the charge if theres no prospect of conviction. Just make sure your daughter attends Court and brings some type of government identification with her date of birth on it. If she was 16 at the time of the offence, youre not responsible for her seatbelt use and wouldnt be found guilty at trial regardless if she had her seatbelt on or not.

As for the improper turn, it unfortunately doesnt matter if you need to immediately turn left. You must turn into the closest lane prior to commencing any lane change. Theres no rule about distance and/or time you need to travel in the lane, but you need to show that it was separate movements that complied with the requirements of the law.

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