Search found 8 matches

by rystan
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Hi everyone, the officer did not show up so charges were withdrawn.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!
by rystan
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.
by rystan
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?
by rystan
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 ...
by rystan
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.
by rystan
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 ...
by rystan
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 ...
by rystan
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 ...