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.
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.
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.
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.
Thanks for your reply Stanton. I am going to defend myself on this. What had me worried most was that there were two entries in the officer's notes that are not true.
Thanks for your reply Stanton. I am going to defend myself on this. What had me worried most was that there were two entries in the
I got my first ticket(s) in 15 years, for a rolling stop of the Gardiner West ramp at Yonge, by a whole bunch of cruisers under the bridge pegging off people 1 by 1. I didn't have my wallet, so 1 ticket no licence surrendered, 1 ticket fail to stop.
1)Should I use a professional rep in court? or
2) My natural thought would be to pay the no licence ticket, and reschedule the court date later for…
Yesterday, I made the stupidest mistake of my entire life. I was on the way back to my apartment after studying at school. It was around 8:30 pm. What happened is that I tried to follow the curve of the road, which is very icy because the city truck does not usually pour salt on the road ( there was a snow storm in the early morning that day), I was going 55-60 km/hr. The speed limit was 50km/h.…
When one gets a ticket and at the time of the ticket, the COP had video taped the interaction, can the COP delete the video legally even though it holds evidentuary value should it go to trial ?
The officer observed him driving by from about 20 meters away. Given that the officer allegedly didn't see the seatbelt. Is this evidence ? My point would be that evidence requires you to actually see something, not seeing something is not evidence ?
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I'm considering buying a strap-on motor for a bicycle for this summer, such as the one at www.motorizedbicycle.ca/bicyâ¦ant-head-bike-motor-kit.html . However, I haven't been able to find any clear answers about what part of the law, if any, they fall under. The kit in question has a motor with a displacement of more than 50 cubic centimeters, which seems to mean it doesn't fall under the HTA's…
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
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So here is my situation, I was accused of speeding 127 km/h in a 100 km/h zone.
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So I was driving this morning to work at a new location in Toronto. I made a left turn into a street and a police officer was there waiting. He informed me you cannot make left turns between 7-9am. I told him I did not see or notice any sign. I have a clean driving record and never got a ticket before. Nonetheless, he hit me with a disobey sign ticket ( 182.2). I went back to the…
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
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i recently got pulled over by an opp in and undercover car for going 118 in an 80.
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so here is my story, i was following a van that was going to slow for my liking so i…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
Hi Gang. I'm back, but I'm asking for a friend this time.
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Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
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