Search found 8 matches
- Fri Jan 05, 2018 9:34 am
- Forum: Driver failing to wear a seat belt
- Topic: Fight driver no seatbelt ticket with due diligence defence
- Replies: 21
- Views: 12336
Re: Fight driver no seatbelt ticket with due diligence defen
Hi everyone, the officer did not show up so charges were withdrawn. I was kinda looking forward to the trial, but thank you all for your help!
- Thu Jan 04, 2018 5:18 pm
- Forum: Driver failing to wear a seat belt
- Topic: Fight driver no seatbelt ticket with due diligence defence
- Replies: 21
- Views: 12336
Re: Fight driver no seatbelt ticket with due diligence defen
Understood. Thanks for the contributions. Will update this thread with the results tomorrow.
- Thu Jan 04, 2018 12:44 pm
- Forum: Driver failing to wear a seat belt
- Topic: Fight driver no seatbelt ticket with due diligence defence
- Replies: 21
- Views: 12336
Re: Fight driver no seatbelt ticket with due diligence defen
Thanks for the input argyll and highwaystar.
Does this mean I also have a good chance of nullifying the "Drive motor vehicle, no currently validated permit" 7 (1) (a) ticket as well by casting doubt onto the officer's testimony from the seatbelt charge?
Does this mean I also have a good chance of nullifying the "Drive motor vehicle, no currently validated permit" 7 (1) (a) ticket as well by casting doubt onto the officer's testimony from the seatbelt charge?
- Thu Jan 04, 2018 10:03 am
- Forum: Driver failing to wear a seat belt
- Topic: Fight driver no seatbelt ticket with due diligence defence
- Replies: 21
- Views: 12336
Re: Fight driver no seatbelt ticket with due diligence defen
@highwaystar
So just so I understand, I've been to the courtroom a few times in the last month to observe trials, and the process looks like this:
1. I plead not guilty
2. Officer takes the stand and gives testimony based on notes, and I get to cross-examine
3. I take the stand and get cross examined
4. I give evidence that supports my case
5 ...
So just so I understand, I've been to the courtroom a few times in the last month to observe trials, and the process looks like this:
1. I plead not guilty
2. Officer takes the stand and gives testimony based on notes, and I get to cross-examine
3. I take the stand and get cross examined
4. I give evidence that supports my case
5 ...
- Thu Jan 04, 2018 9:50 am
- Forum: Driver failing to wear a seat belt
- Topic: Fight driver no seatbelt ticket with due diligence defence
- Replies: 21
- Views: 12336
Re: Fight driver no seatbelt ticket with due diligence defen
Thanks alot guys. That was really helpful. Will let you know what happens tomorrow.
- Wed Jan 03, 2018 11:53 pm
- Forum: Driver failing to wear a seat belt
- Topic: Fight driver no seatbelt ticket with due diligence defence
- Replies: 21
- Views: 12336
Re: Fight driver no seatbelt ticket with due diligence defen
@highwaystar The offence on the ticket states "Drive with seat belt removed" Highway Traffic Act 106(1). So it sounds like I have a case!
Two questions though -
1) Is it likely that I will just be charged with an amended charge of 106 (2)? Clearly the officer must have meant 106 (2) instead of 106 (1), since her notes say that the buckle was ...
Two questions though -
1) Is it likely that I will just be charged with an amended charge of 106 (2)? Clearly the officer must have meant 106 (2) instead of 106 (1), since her notes say that the buckle was ...
- Wed Jan 03, 2018 8:50 pm
- Forum: Driver failing to wear a seat belt
- Topic: Fight driver no seatbelt ticket with due diligence defence
- Replies: 21
- Views: 12336
Re: Fight driver no seatbelt ticket with due diligence defen
Thanks for the quick response everyone.
@Whenaxis, Up until a few days ago I thought I was charged with 106 (2), but I took a closer look at the ticket and I was actually charged with 106 (1) seatbelt removed, which I thought was strange. The officer didn't mention anything about reducing the charges so I would have assumed that it was 106(2). If ...
@Whenaxis, Up until a few days ago I thought I was charged with 106 (2), but I took a closer look at the ticket and I was actually charged with 106 (1) seatbelt removed, which I thought was strange. The officer didn't mention anything about reducing the charges so I would have assumed that it was 106(2). If ...
- Wed Jan 03, 2018 5:39 pm
- Forum: Driver failing to wear a seat belt
- Topic: Fight driver no seatbelt ticket with due diligence defence
- Replies: 21
- Views: 12336
Fight driver no seatbelt ticket with due diligence defence
Just wanted to get everyone's opinion on establishing a due diligence defence this case that I'm planning on self-defending in two days:
--------------------------------------------
I was turning left out of a parking lot into a busy intersection after dinner when I forgot to put my seatbelt on, even though I thought it was on the whole time. I had ...
--------------------------------------------
I was turning left out of a parking lot into a busy intersection after dinner when I forgot to put my seatbelt on, even though I thought it was on the whole time. I had ...