seat belt exemption rule

mitchdupuis
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seat belt exemption rule

by: mitchdupuis on
Thu Aug 04, 2011 5:16 pm

I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule states that a person who is actually engaged in work which required him or her to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle does not travel at a speed of 40 km/hr is exempt from seat belt wearing. At the time I was engaged in my work that required me to make frequent stops where I had exit and re-enter my vehicle at frequent intervals. I was not driving over 40 because it was a 40 road in a residential area and I was pulled over at a stop sign. I matched up with every single part of the criteria needed to be exempted from the rule.

At the time I was pulled over I explained to the officer that I was just leaving my work base to make a delivery. I pointed to the building where my work base is, then i pointed to the building where i was making the delivery. That is how close together they were. He told me to take it up with the judge because i committed "The Sin" of not wearing a seat belt (those were his exact words). Also the officer was listening the radio on his motor bike and did not turn it off while i was talking to him about my ticket. The officer was acting unprofessionally in my eyes and did not seem willing to listen while i explained my case as to why I wasn`t wearing my seat belt.

Do I have a shot in court at winning this ticket?

Any help and advice would be greatly appreciated.

Thanks so much


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Reflections
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by: Reflections on
Thu Aug 04, 2011 6:51 pm

The attitude of the officer has nothing to do with your ticket. You will have to plead it either at Frist Attendance or trial. Either way you should be able to beat it, if it does not get tossed first. Just explain the situation the same as you did here. A written record, your words, wouldn't hurt.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: hwybear on
Fri Aug 05, 2011 12:43 pm

mitchdupuis wrote: Also the officer was listening the radio on his motor bike and did not turn it off while i was talking to him about my ticket.
i would not expect any officer to turn off their source of communication, that is their lifeline. When dispatch checks on the officer and he/she doesnt respond, can guarantee many units are on high priority response to that officer's location.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca




mitchdupuis
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by: mitchdupuis on
Fri Aug 05, 2011 1:01 pm

Thanks for the reply!

It wasn't his cb radio that was on it was fm radio playing music on a radio station. In fact it was so loud that it muffled the sound coming from the cb radio


That aside, do you think I have a shot at winning the case?
hwybear wrote:
mitchdupuis wrote: Also the officer was listening the radio on his motor bike and did not turn it off while i was talking to him about my ticket.
i would not expect any officer to turn off their source of communication, that is their lifeline. When dispatch checks on the officer and he/she doesnt respond, can guarantee many units are on high priority response to that officer's location.


mitchdupuis
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by: mitchdupuis on
Fri Aug 05, 2011 1:05 pm

Thanks for the reply! Much appreciated.
Reflections wrote:The attitude of the officer has nothing to do with your ticket. You will have to plead it either at Frist Attendance or trial. Either way you should be able to beat it, if it does not get tossed first. Just explain the situation the same as you did here. A written record, your words, wouldn't hurt.


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by: Simon Borys on
Fri Aug 05, 2011 5:53 pm

The important thing to remember here, and it often comes up so I wanted to mention it, is that the officer's attitude and behaviour has no impact on the merits of the ticket they issued. The appropriate forum to complain about an officer's behaviour is with the police service, not with the court.

I've seen a number of trials where the defendant's only defence was "the officer was rude". None of them won. Just something to keep in mind.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


mitchdupuis
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by: mitchdupuis on
Fri Aug 05, 2011 6:05 pm

Thanks for the reply

Yeah I won't mention the behavior of the officer in court but based on the the other info I provided do u think I can win it?


Simon Borys wrote:The important thing to remember here, and it often comes up so I wanted to mention it, is that the officer's attitude and behaviour has no impact on the merits of the ticket they issued. The appropriate forum to complain about an officer's behaviour is with the police service, not with the court.

I've seen a number of trials where the defendant's only defence was "the officer was rude". None of them won. Just something to keep in mind.


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by: Radar Identified on
Mon Aug 08, 2011 7:16 pm

I think the key here is that, if the circumstances you described met the "exemption" under the HTA, you want to get the officer to testify to that during the trial. He may unwittingly provide you with your defence. Ask questions to get him to confirm what you've said. Then you can either make a motion of non-suit, or in closing you can provide the Highway Traffic Act section and show that the officer's testimony indicated that you obeyed the law.
* 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


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by: dslr_ma on
Sat Aug 13, 2011 10:18 am

Hi all,
The same thing happened to me today. I work as a real estate photographer who sometimes can do 5 or 6 on a street. Basically I've gotten into the habit of once on the job I put on my seat belt when I have to go to the next shoot location and need gas.

Today I left a house, pulled out of the driveway which was at an intersection and turned left. Would you believe a cop was at the light. I didn't have the seat belt on. The officer was amazing and said that the rule was when in drive the driver has to put a belt on. There is a crack down since last year to enforce this and the penalty was greater for failure to comply.

So now I am wondering if I do fight it, will I win.


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