Best course of action for a 1st time no seatbelt ticket?

fridgestar
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Best course of action for a 1st time no seatbelt ticket?

Unread post by fridgestar on

Hi, I got a no seat-belt ticket a couple of months ago at a police road block on the highway somewhere around Mississauga in the passenger seat, I also did not have (did not get one) a drivers license by that time. The fine was $235 which is very significant to me as I'm a uni student, so I set a trial which they set on my birthday. This is my first traffic related offense (have had a misdemeanor for open alcohol in public in my uni city before if it matters), I am currently a 2nd year uni student living in another city during school time, finished 1st year with a A- GPA that resulted in a $500 scholarship and will be graduating with about a 40k OSAP debt, I'm not really familiar with the procedures in court or how to handle this, so could someone please aid me with their knowledge.

I am going to be pleading not guilty if the cop does not show up, however I do not know whether or not I can confirm that the officer is present prior to the actual trial, can someone please offer further information on this? Should I attempt to disprove the credibility of the issuing officer's testimony (event occurred about 7 months ago) or should I just not risk it and instead play the sympathy card as a uni student? Thanks in advance for any advice.


iFly55
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Unread post by iFly55 on

the sympathy card may help in terms of getting a reduced fine

i watched a female JP reduce a fine to zero, when a defendant cried he was unemployed with three kids

ask for disclosure and start preparing a defense, don't just pray for an officer no-show


fridgestar
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Unread post by fridgestar on

Hmm, can I still opt to pleading guilty to a lesser fine in the court room even though I went to the court house to plead not guilty initially for the court date? ex: i see the cop then I plead guilty with a explanation, i don't see the cop i plead not guilty. Could someone please clarify this for me? I really want to either go with the cop not showing up and pleading not guilty or pleading guilty with an explanation because I do not lose any points on my drivers license regardless.

I'm going to request disclosure at the court house tomorrow and I'll attempt to discredit the officer's credibility and thus his witness statement if I HAVE to plead not guilty all the way, will I stand a chance with this? Also, thanks a lot for the help.

Edit: can someone clarify the following regarding disclosure for me? Can I request disclosure while in court, and if I were to request disclosure prior to my court date, does this involve the prosecutor contacting the officer and thus notifying the officer about my trial?


Stanton
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Unread post by Stanton on

Yes, you can change your plea to guilty at any time during the process. If the fine is the only issue, also considering asking the Crown about a plea deal to a lesser fine.

I'm not sure what you mean about discrediting the officer. He will be allowed to use his notes to refresh his memory, so unless they're incomplete or very inaccurate, he'll probably be able to give sufficient evidence.

When you request disclosure, the officer will be aware you're possibly challenging the ticket. The officer gets a copy of the disclosure request since he has to photocopy his notes and most of the requested documents.


fridgestar
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Unread post by fridgestar on

Stanton wrote:Yes, you can change your plea to guilty at any time during the process. If the fine is the only issue, also considering asking the Crown about a plea deal to a lesser fine.

I'm not sure what you mean about discrediting the officer. He will be allowed to use his notes to refresh his memory, so unless they're incomplete or very inaccurate, he'll probably be able to give sufficient evidence.

When you request disclosure, the officer will be aware you're possibly challenging the ticket. The officer gets a copy of the disclosure request since he has to photocopy his notes and most of the requested documents.
ok, thank you very much. im going to opt not to request disclosure since i don't want to force the officer to do work and actually give her another reason to attend the trial. Is there like a sure way to identify if your issuing officer is not there, like is there a roll call prior to the actual trial or do they not bring out the officer before I plead not guilty?


Stanton
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Unread post by Stanton on

When you request a trial, the officer will have to provide disclosure to the Crown's office regardless if you've requested it or not.

As for Court, there is no attendance list for officers. Just look around, see if you recognize the officer or you could simply ask another officer if she's present.






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