Fail to wear seatbelt

jhle
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Fail to wear seatbelt

by: jhle on
Thu Sep 03, 2015 9:30 am

Hello All,

I recently got this ticket - 'Fail to properly Wear Seatbelt'. Any advise would be appreciated.

So I stopped at stop sign to make right turn on a busy street and I saw a cop driving by at least 50 - 60 km/h. When I made a turn finally, the cop was parked about 100 meters away from this stop sign on a shoulder then pulled me over as soon as I passed him.

I kept quiet and neither denied nor admitted the offence at the scene just in case. It was two points plus 200$ - 240$ set fine. I will take it to the court but what are the chances of defending this ticket to be won? or should I make a deal with prosecutor at the court...?

Thanks.

JH


ynotp
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by: ynotp on
Thu Sep 03, 2015 3:26 pm

File for trial and request disclosure when you get a court date. You can always plead guilty to a reduced charge/fine. In the absence of other evidence it will be your word against the officers, if you can offer credible and honest testimony that you were indeed wearing your seatbelt you could win.


jhle
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by: jhle on
Thu Sep 03, 2015 3:53 pm

ynotp wrote:File for trial and request disclosure when you get a court date. You can always plead guilty to a reduced charge/fine. In the absence of other evidence it will be your word against the officers, if you can offer credible and honest testimony that you were indeed wearing your seatbelt you could win.

Thanks for your reply. What evidence the officer could bring out in the court? The officer could have seen it wrong in this case as the cruiser was driving by decent speed. I guess I will have to see...

Thanks.

JL


ynotp
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by: ynotp on
Thu Sep 03, 2015 8:39 pm

The officers evidence is going to be him paraphrasing his notes. If it goes to trial I'll bet at trial the officer will testify he saw the shine of the buckle next to your shoulder and you will swear six ways from Sunday that you had it on and have no idea what the officer is talking about because you ALWAYS wear your seatbelt. The JP will have to determine credibility and that determines the verdict.


jsherk
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by: jsherk on
Thu Sep 03, 2015 9:32 pm

You should choose NOT GUILTY option with a Trial with Officer present. Once you get Notice of Trial you can file for disclosure (the officers notes). Once you get the notes, post them here and we can give more advice. Until you read the officers notes, you really have no idea what their case against you is (or if they even have a case against you).
+++ This is not legal advice, only my opinion +++


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