I am told that if I decide to fight a seatbelt ticket and lose in court, the prosecution can seek up to $1000 in penalty.
How likely is this to occur?
If you lose in court...can they up the fine to $1000?
I am told that if I decide to fight a seatbelt ticket and lose in court, the prosecution can seek up to $1000 in penalty.
How likely is this to occur?
Re: If you lose in court...can they up the fine to $1000?
they will most likely seek the out-of-court fine indicated on your offense notice
if this was your 2nd, 3rd .. 4th time repeating the offense, then maybe... keep in mind the fine amount is upto the Justice of Peace; if you can show exception circumstances related to your financial stability, you might even get zero fine, or something ridiculously low
i have yet to see a prosecutor threaten with the $1000 fine, they usually threaten with the fine on the offense notice + applicable demerit points
Re: If you lose in court...can they up the fine to $1000?
Yes they can. happened today with a red light ticket. Few other mitigating circumstances such as a collision but the driver had a clean record but was not an ass or anything.
But this was the first time I have seen it happen unless the guy was a ass in court.
I do wish it happened more frequently though.
OPS
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im wondering...
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headlight height laws?
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This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
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I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
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Well please confirm a couple of things.
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The key ruling on fighting a seatbelt ticket is R. v. Kanda, 2008 and an example of it's application is R. v. Gupta, 2008.
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…