No Seat Belt Trial, Trail Rescheduled Without Notice.

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Joined: Thu Nov 29, 2012 9:36 pm

No Seat Belt Trial, Trail Rescheduled Without Notice.

by: rev on

Hi Folks,

On October 29, 2012, I had my reopened case for not wearing a seat belt. Prior to the trial, when you have a chance to speak to the prosecutor; I approached him handed him my ticket, but he could not find my file. The clerk had to check my case number, and upon returning she said it was rescheduled to November 30th, 2012. I was not aware of such change, nor was I notified. I should have pushed the issue more, but I'm a noob. I showed up for the trail the date it was issued on the trail notice. I should have spoken up at the end of the trials when I had the chance, lesson learned. What are my options here? The trail was rescheduled without my knowledge, I showed up, did not see the cop who issued me the ticket either. I assume it was him who rescheduled it as perhaps he was not available. Wish there was a way for the case to be thrown out. Upon waiting I've witnessed 4 cases being thrown out as the judge has run out of time, and it was lunch time. Great system.

Today is my trial, in the officers offence disclosure he listed me rolling a stop sign in addition to putting on a seat belt. I only received a no seat belt ticket, can issue a ticked based on the officers notes? Sorry never been to trial so I'm new to this. Also reading I've noticed there is are exceptions to Section 106 (Highway Traffic Act respecting the use of seat belts) the one which may apply to me is:

(c) who is actually engaged in work which requires 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 exceeding 40 kilometres per hour.

I was at work when I received the ticket, and I go from location to location doing deliveries/pickups/fixes at schools. I don't recall where I was travelling at the time, but the next school is 600 meters away. Don't recall if I was on my way to that school, but I received the no seat belt ticket 300 meters away from the school. I hope the cop will not show, but I think he will. I will try to reduce my ticket fine of ($240 and 2 points), or hope the cop does not show up.



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