removed my seatbelt after policecar stopped me

Post Reply
khansar
Newbie
Newbie
Posts: 2
Joined: Tue Nov 15, 2011 8:08 pm

removed my seatbelt after policecar stopped me

by: khansar on
Tue Nov 15, 2011 8:44 pm

A police car stopped me, thinking that I was drunk. So the policecar came behind my car while the police officer was writing my plate number. This was the first time a police car was stopping me. So I didnt know what to do while the police officer was writing my plate number. So I thought I had to get out and go talk to the officer. So I removed my seatbelt to get out of the car but suddenly the police officer showed up and asked me why I was not wearing the seatbelt!!! Anyways, He gave me two tickets: one for the seatbelt and one for not changing my address on my "ownership document".
I decided to fight both tickets, but then I received two trial notifications: one for the address change ticket and one for a speeding ticket that I never had received.

What do you recommend me to do?
What is going to happen for the seatbelt ticket?

Thanks
Top
khansar
Newbie
Newbie
Posts: 2
Joined: Tue Nov 15, 2011 8:08 pm

by: khansar on
Tue Nov 15, 2011 9:10 pm

I have got a ticket for not changing my address on my ownership document. The fact of the matter is that I did report my address change through ServiceOntario online service, but I only received a new Drivers Licence with my new address. But I did not know that I needed to change my address on my ownership.
I have decided to fight this ticket and at the same time, I have requested from MTO to issue me an official letter stating the date that I reported my address change to MTO.

Do I need to request a disclosure for this?
Does that help?

Thanks!
Top
Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

Posting Awards

by: Stanton on
Tue Nov 15, 2011 9:24 pm

I'm wondering if there's a typo on your trial notification, and they put speeding instead of seatbelt. If you never received a speeding ticket, that's probably the case. Request disclosure and see what the officer's notes say. As for the seatbelt charge, if you were wearing your seatbelt prior to being stopped, you'll need to testify to that in Court. While it's not a good idea to get out of your car on a traffic stop, it wouldn't be illegal at that time to take off your belt.

khansar wrote:I have got a ticket for not changing my address on my ownership document. The fact of the matter is that I did report my address change through ServiceOntario online service, but I only received a new Drivers Licence with my new address. But I did not know that I needed to change my address on my ownership.
I have decided to fight this ticket and at the same time, I have requested from MTO to issue me an official letter stating the date that I reported my address change to MTO.

Do I need to request a disclosure for this?
Does that help?

Thanks!
It's your responsibility to ensure both documents are correct. The MTO doesn't automatically change one just because you change the other. Your address change should be recorded on your driving abstract. You'll need to request that through the MTO and pay for it since it's not part of disclosure. I honestly don't see of what use it would be in your defence though.
Top
User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Tue Nov 15, 2011 9:40 pm

I'm not really sure disclosure will help you in this case. It's one of those "paperwork" charges where the burden of proof is that your ownership wasn't correct at the time of the offence. If you update it and take it to the Prosecutor, they might be willing to give you a reduced fine or drop the charge, depending on the kind of mood they're in...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Top
User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Tue Nov 15, 2011 9:42 pm

Thread merged. Please keep all posts related to the same ticket (or set of tickets) on one thread. Makes it easier to provide advice.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Top
ibboyd
Newbie
Newbie
Posts: 2
Joined: Thu Dec 16, 2010 9:51 pm

by: ibboyd on
Wed Nov 16, 2011 11:32 pm

khansar wrote:I have got a ticket for not changing my address on my ownership document. The fact of the matter is that I did report my address change through ServiceOntario online service, but I only received a new Drivers Licence with my new address. But I did not know that I needed to change my address on my ownership.
I have decided to fight this ticket and at the same time, I have requested from MTO to issue me an official letter stating the date that I reported my address change to MTO.
The Service Ontario "online service" will NOT allow you to replace a vehicle registration. The said document can only be issued by a Service Ontario employee. Although you can notify the Province of your change in address and receive a new DL in the mail, you can NOT recieve the vehicle documentation via the same method. The ONLY way to have printed proof of an address change on your vehicle registration is to attend a Service Ontario office in person and 1) pay for a new copy of your registration (lost or stolen), in which the previous copy is officially cancelled or 2) turn in (one for one) your current registration and make your address change. (FREE to do so). This prevents duplicate vehicle registration floating around for the same vehicle. (bad news).

It is the owner's responsibility to ensure that the vehicle docs are in order and correct at all times.

Your defence: This charge is written as "Fail to notify change of address" (without looking it up?) ...... In a sense you HAVE notified the Province of your change of address. Its a tricky one .... but at least you know for next time. (Can only be done in person).

Good luck,
Ex-Cop and spouse of "one of those MTO girls.
Top
Post Reply
  • Similar Topics

Return to “Driver failing to wear a seat belt”

Who is online

Users browsing this forum: No registered users and 1 guest