Failure to Wear Seat Belt on Private Property

SeatBelt1980
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Failure to Wear Seat Belt on Private Property

by: SeatBelt1980 on
Wed Nov 25, 2015 7:41 pm

Hello,

This afternoon I received a ticket for failing to wear my seat belt - for what it's worth, this is my first offense in over a decade of driving.

I would like to take this matter to Court - my argument would be that I was only caught on private property and therefore not subject to the Ontario HTA.

The Officer was standing on private property and I was turning into a plaza off of a main street. The Officer, I believe, was only able to see me once I had turned into the parking lot. It was only at that time that I took off my seat belt.

I would simply argue that my seat belt was correctly fastened while I was driving on the road and that I only took it off upon entering the parking lot (not wise, I know - but not an offense, at least not under my reading of the Law).

Anyhow, what does everyone think of my defense?

Also, I've read about asking for 'disclosure' (i.e. the evidence that the Officer has against me) - how do I go about doing this?

Thanks!


screeech
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by: screeech on
Thu Nov 26, 2015 8:57 am

The officer standing on private property has nothing to do with the matter. This case will totally hinge on the officer being able to see you not wearing your seat belt on the main st. Once you recieve disclosure, the notes should reveal where the officer saw you without your seat belt on.


ynotp
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by: ynotp on
Thu Nov 26, 2015 10:49 am

You are not required to wear a seatbelt on private property that is not designated a highway (some parts of shopping mall lots are).

In Ontario disclosure a disclosure request is made once you have a trial date. When you get the Notice of Trial you can fax a request to the court house. Most cities have disclosure request forms on their website. When it is ready the prosecutors office will call you to come pick it up. It may just be notes taken by the officer and it may include dash-cam video showing the offence taking place. Once you have it post it here and you can get some further guidance.

Word to the wise: If you plan on testifying do not perjure yourself. If you indeed were not wearing your seat belt it is best not to testify. It doesn't mean you should not try to use the system to get out of it but you should try to find another strategy.




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