Just wanted to get everyone's opinion on establishing a due diligence defence this case that I'm planning on self-defending in two days: -------------------------------------------- I was turning left out of a parking lot into a busy intersection after dinner when I forgot to put my seatbelt on, even though I thought it was on the whole time. I had travelled no more than 40 metres after the turn into an stop light intersection, when I noticed that the officer was driving up behind me. At this point, even though I had a seatbelt indicator light on my dashboard I was busy paying attention to the traffic at the intersection and to the police car in my rearview mirror to notice the seatbelt indicator (I have had only one speeding ticket in 15+ years of driving, but my wife had 3 tickets last year so I become a bit panicked when I see the police car behind me). After I make a right at the intersection, the officer immediately signals for me to pull over, and asks why I had no seatbelt fastened. I advise the officer that I forgot, and she issues me two tickets, one for 106 (1) Seatbelt removed, a ticket for expired permit (which I thought was fair), along with several warnings (not signing my ownership, etc). My argument for due diligence is that: 1) I normally always wear my seatbelt except for this incident in which I forgot. 2) I also rely on two safety features that my car has to remind me to put on my seatbelt in case I do forget. The first feature was the solid seatbelt indicator light, which was on at the time, but I did not see it since I was paying attention to the traffic conditions and was also a bit panicked from looking in my rearview mirror at the police car. The second feature is a beeping sound and a flashing indicator light, which are triggered after having driven some distance without seatbelt fastened. When I was pulled over the seatbelt indicator light was on, but I had not been driving long enough for the second feature to be triggered before being pulled over. Would I stand a chance in arguing that, while I had taken precautions to make sure to remind myself to wear a seatbelt (even in cases where I forget), that I was not allowed to exercise these precautions (my due diligence) before being pulled over, and thus should not be found guilty? -------------------------------------------- In terms of evidence, I have a receipt from the restaurant that I ate at that to show I was just pulling out from the parking lot, as opposed to having driven a long distance without wearing a seatbelt. I also have my wife's three tickets from last year, as well as timestamped photos from the intersection where I was pulled over. I have the officer's disclosure (notes only, no audio or video) and it is as follows: -------------------------------------------- Tuesday evening, light rain, average traffic fully marked sc xxxx Travelling north bound on Birchmount Road, observe vehcile one car length ahead of my scout car, in curb lane with a XXXX validation sticker on the rear licence plate. Confirm the validation expiry of XXXX, 2017. Observe the solo male driver not wearing his seat belt. I am the passenger in the scout car and have full view of the vehicle slightly in front of us as we are moving in behind the vehicle. Observe the driver's should (sic) to be seat belt free and can see the buckle dangling above his shoulder. Male driver, valid ON photo D/L and insurance. Permit expired same date as validation sticker. Ownership not signed. Male has an "x" condition on his licence, and is not wearing glasses or contacts. Advised he forgot to put his seat belt on, forgot to obtain his sticker, forgot to sign his owner ship and didn't change his driver's licence status after obtaining laser eye surgery. -------------------------------------------- I'd appreciate any light anyone can shed on this. Thanks.