Back Seat Passenger fine

dchawla
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Back Seat Passenger fine

by: dchawla on
Mon Oct 08, 2012 10:48 am

Hi everyone,

I am from Ottawa, Ontario, and got a $240 ticket for not having my seatbelt on according to 106.3.b traffic act. I was trying to put on my seat belt but it got caught/jammed and by that time the police officer had seen me so pulled us to the side and gave me and my friend a ticket as both of us didnt have our seat belts on completely. We had just gotten into the car about 30 seconds ago but was getting late for school so my friend started driving even though us back passengers didnt have our seat belt on. I am 21 and got my G2 license in june and this is my first offence ever.

I wanted to know if I should plead not guilty as i was in the process of putting my seat belt on, or if I should plead guilty and ask to reduce the fine as I am a student and cant afford to pay such a big fine? I am unemployed and my tuition for university is $8000 so there is no way for my to afford a $240 (which can buy me a months grocery or more).

Also Im really worried about demerit points. Do I get 2 demerit points as passenger since I was not buckled up completely?
If i go to court and lose is it possible for the judge to increase my fine to $1000? and what is the likely hood of the officer showing up in court?

Thanks


Stanton
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by: Stanton on
Wed Oct 10, 2012 5:19 pm

Only the driver would receive any demerit points for a seat belt offence.

In terms of a fine, you can try and work out a plea deal with the prosecutor for a reduced fine, or you can explain to the JP if/when found guilty about your situation in hopes for a reduced fine. You can also request additional time to pay.

If you go to trial, it's very unlikely a higher fine would be asked for. Officer no show is also very unlikely, though I have no personal experience in Ottawa.


dchawla
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by: dchawla on
Wed Oct 10, 2012 10:30 pm

Thanks for your answer.

I went and pleaded guilty and got my fine reduced by half as I couldnt afford to pay that big of an amount, and the judge was very nice and was willing to give me as much time as I needed to pay the fine ($120). Also there were no demerit points given as I was not the driver.


diehard
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by: diehard on
Thu Oct 11, 2012 10:41 am

how can the driver be held responsible if passenger of back seat decides to unfasten seat belt?

should driver be checking back seat passengers every second?


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Decatur
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by: Decatur on
Thu Oct 11, 2012 11:54 am

The driver wasn't held responsible. The OP was the passenger and received the ticket. The driver is only respnsible for passengers under the age of 16.


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