Wasn't wearing seatbelt, was delivering a pizza...

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tryingtoimprove
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Wasn't wearing seatbelt, was delivering a pizza...

Unread post by tryingtoimprove on

Hi there,

Unfortunately, I can not find the disclosure (which I am sure I sent a request for), and I know without it there is little this board can do for me, but I will tell you exactly what happened:

I was delivering a pizza and realized that I was low on gas, so I pulled into a gas station, as soon as I got to the pump, I see a police car behind me. I was certain I had my belt on, but of course the constable's word was different.
He mentioned he saw me in the intersection, without my belt on.

I was wearing a white t shirt.

What are my defenses? I was making a delivery a block from the gas station?

I can't afford to pay this ticket, I am a student.

Sorry I could not provide disclosure.

Thank You
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ynotp
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Unread post by ynotp on

Your defense if it gets to trial is that you are absolutely certain that you were wearing your seatbelt and you always wear your seatbelt even when delivering pizza. If you are convicted you can ask for a reduced fine and time to pay. The key is to be a better witness than the officer so that your testimony in given at least as much weight as his resulting in you being found not guilty.
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jsherk
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Unread post by jsherk on

Was it day time or night night time? Do you have tinted windows? Where was the police situated?

These are all important questions that you need to consider when cross examining the police officer to try and bring reasonable doubt to what he said. And as well you would say what ynotp says above.
+++ This is not legal advice, only my opinion +++
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tryingtoimprove
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Unread post by tryingtoimprove on

jsherk wrote:Was it day time or night night time? Do you have tinted windows? Where was the police situated?

These are all important questions that you need to consider when cross examining the police officer to try and bring reasonable doubt to what he said. And as well you would say what ynotp says above.

Daytime, No tinted windows but was wearing a white shirt.

Can't find my disclosure, but ** I think** the police was behind me when I was turning at the intersection..


Thank you for the replies guys
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tryingtoimprove
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Unread post by tryingtoimprove on

You know something I checked my outlook, and I sent a request for disclosure for this charge....but noticed that they did not even send it (searched my Inbox).

What should I do? there is no disclosure in my Inbox...so it I dont think I even received disclosure...
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screeech
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Unread post by screeech on

It is up to you to make another request for your disclosure. You have to remain active in the disclosure pursuit. If there is not enough time between the time you get the disclosure and the court date, you may be able to get an adjournment to give you time to prepare your defence. Keep track of your requests, if you still don't get it in a timely fashion, after a few requests, you will be able to put forth a charter argument and get the charge effectively tossed (you are still a long way out for that yet though)
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UnluckyDuck
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Unread post by UnluckyDuck on

Did you fax in your disclosure request? I haven't heard of a courthouse that accepts disclosure requests by email. Secondly, most of the time, they usually make you pick it up from the courthouse, so I'd send another request in and see if you get a response on that one.
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Nanuk
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Unread post by Nanuk on

You could ask the prosecutor to amend it to ''Drive with seat belt inoperative s. 106(1) w/ total payable $240.00'' at least it saves you some points, I have seen it done more than once.
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rank
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Unread post by rank on

Not sure if this applies to your situation or not but I remember a few years ago on the MTO website I read that you don't have to wear your seatbelt if you are making a certain number of stops and you don't exceed s certain speed. Check it out
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screeech
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Unread post by screeech on

There is an exemption under section 106(6)(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". So you would have to take the stand to prove the exemption...driving with a seat belt inoperative plea deal is done on a regular basis in some courts, depends on the prosecutor.
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argyll
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Unread post by argyll on

This exemption is for people who might be stopping at every few houses. I think it would be hard to apply to a pizza delivery driver.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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screeech
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Unread post by screeech on

That's why he would have to take the stand. That section is more for the Purolator type delivery person.
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tryingtoimprove
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Unread post by tryingtoimprove on

screeech wrote:It is up to you to make another request for your disclosure. You have to remain active in the disclosure pursuit. If there is not enough time between the time you get the disclosure and the court date, you may be able to get an adjournment to give you time to prepare your defence.

I have my early resolution meeting at 14h00 today, how do I apply for an adjournment?


Thank You,
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jsherk
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Unread post by jsherk on

Early Resolution is not a trial date so you don't need an adjournment.

When you get to meeting, the prosecutor may or may not offer you a plea deal. I would recommend you just say something like "I would like some time to review disclosure before I decide what to do." The prosecutor may have disclosure ready for you at the meeting or may have to set in motion the process to get it for you.

Most likely the prosecutor will also set the process in motion to set a trial date. Then usually when you show for your trial date you will have a chance to meet the prosecutor and if they previously offered you a plea deal they will probably still be willing to offer it to you again.

The problem with accepting a plea deal or pleading guilty before you see disclosure is that you do not really know what the evidence against you is, so it is better to review the disclosure first before you decide what to do.
+++ This is not legal advice, only my opinion +++
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tryingtoimprove
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Unread post by tryingtoimprove on

jsherk wrote:Early Resolution is not a trial date so you don't need an adjournment.

When you get to meeting, the prosecutor may or may not offer you a plea deal. I would recommend you just say something like "I would like some time to review disclosure before I decide what to do." The prosecutor may have disclosure ready for you at the meeting or may have to set in motion the process to get it for you.

Most likely the prosecutor will also set the process in motion to set a trial date. Then usually when you show for your trial date you will have a chance to meet the prosecutor and if they previously offered you a plea deal they will probably still be willing to offer it to you again.

The problem with accepting a plea deal or pleading guilty before you see disclosure is that you do not really know what the evidence against you is, so it is better to review the disclosure first before you decide what to do.
Thank you

Will the prosector give me a copy of disclosure b/c I need to time to review it and make a defense.




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