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: 6323

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Hi everyone, the officer did not show up so charges were withdrawn.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: 6323

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: 6323

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: 6323

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 examine...
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: 6323

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: 6323

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) instea...
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: 6323

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 charge...
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: 6323

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, eve...

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