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...

by: tryingtoimprove on
Sun Sep 20, 2015 11:39 am

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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by: ynotp on
Sun Sep 20, 2015 11:59 am

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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by: jsherk on
Sun Sep 20, 2015 8:28 pm

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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by: tryingtoimprove on
Sun Jan 10, 2016 12:14 am

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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screeech
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by: screeech on
Sun Jan 10, 2016 9:00 am

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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by: UnluckyDuck on
Sun Jan 10, 2016 2:23 pm

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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rank
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by: rank on
Sun Jan 10, 2016 11:31 pm

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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by: screeech on
Mon Jan 11, 2016 12:08 am

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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tryingtoimprove
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by: tryingtoimprove on
Mon Jan 11, 2016 10:17 am

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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by: jsherk on
Mon Jan 11, 2016 10:58 am

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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by: tryingtoimprove on
Mon Jan 11, 2016 11:37 am

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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