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  Canada Immigration Forum > About Canada > Driving > Traffic Ticket for passenger seat belt violation
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Traffic Ticket for passenger seat belt violation




web2000
Senior Desi
Member since: May 06




Posts: 849
Location:


The economy is not doing good and they will make every effort to make hole in your wallet. This is the easiest way to collect money.

So be careful and make sure rear passengers also wear seat belts.

In Canada, police officers don't have to provide any evidence in the court. Only his statement is considered true even if he is lying or made mistake in his observations. Driver has 0.000001% chance to win in the court even if he has not violated any traffic law. Just like banks, courts do the justice based on the trusts rather than evidences.

Despite that every ticket must be fought in the court. So always choose the option 3 at the back of your ticket.


 
Post ID: 196917 22-05-12 11:02:14
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bhootnath
Senior Desi
Member since: Mar 11




Posts: 969
Location:


Well, the question was whether to go for trial or not..not about whether to wear the seat belt or not..
anyhow SS, even if the points are not there, unlike red light camera tickets, this will go on record and will still affect the insurance since the ticket is associated with your driving license. So you make the call whether to fight it or just plead guilty...I would go with fighting it.
Good luck!


 
Post ID: 196922 22-05-12 11:24:31
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infocan
Senior Desi
Member since: Sep 03




Posts: 281
Location:


I think the fine for not wearing seat belt is on adult in question. It is not car driver responsibility. However in case of Child. It is driver responsibility.

I always make sure to speak and check with everyone in back for seat belts before moving the car. It is nice habbit to have.
Typically new desi as they have come back from india have this macho mind set, to not to wear a seat belt. As it give them sence of power to defy authorites back in home and they become heros in thier world.


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infocan

 
Post ID: 196929 22-05-12 12:37:39
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ashedfc
Senior Desi
Member since: Jun 10




Posts: 2153
Location: GTA


I think (though I am not sure), if the person not wearing a seat belt has a drivers license, then, that person gets the ticket (not the driver).. only if the individual is a minor without a drivers license than the driver gets the ticket..

Either way, you must contest it.. (that way atleast you have a chance of clearing it from your record), pleading guilty & paying fine will affect your insurance bill (for the next 3yrs).. (home & auto) property insurance is the biggest robbery in Ontario..

& Provincial Govt has found an easy way to fill their holes - just bill more tickets..


 
Post ID: 196931 22-05-12 12:45:07
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sudesingh
Senior Desi
Member since: Jul 04




Posts: 2080
Location: Toronto


Quote:
Originally posted by ashedfc

I think (though I am not sure), if the person not wearing a seat belt has a drivers license, then, that person gets the ticket (not the driver).. only if the individual is a minor without a drivers license than the driver gets the ticket..



That's right and that's what happened in this case. I've heard that even if you don't have a Drivers Licence you could still get a ticket based on any ID that you are carrying

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SS
Reiki Grand Master

 
Post ID: 196934 22-05-12 12:53:02
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Desi # 1
Senior Desi
Member since: Dec 03




Posts: 1420
Location: Mississauga


"Drivers are responsible for ensuring that passengers under 16 years of age are using the seat belt or an appropriate child car seat.

Police officers may request that passengers who appear to be at least 16 years of age provide their name, address and date of birth. These passengers may face a fine for not using or wearing a seat belt properly. "

It is passenger who got the ticket not the driver. The ticket was not issued to vehicle. Right?

The passenger can make some excuse and likelihood of getting the fine reduced.


 
Last edited by: Desi # 1 on 22-05-12 12:57:55
Post ID: 196935 22-05-12 12:55:46
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Fido
Senior Desi
Member since: Aug 06




Posts: 5286
Location: Canada


Contest it - you got nothing to lose ... who knows what happens before the trial ?? If nothing else happens , you cannot get more penalty than the original ticket .....

Either the ticket may not come up for trial ( some times they have a back log ) OR the prosecutor may offer you a discount OR he may with draw the case OR worst case - you can still plead guilty and request the Judge to take a leneient view ... he may reduce the charge ...

I don't see no harm in contesting ....

What Web2000 says about Police Offiers not needing evidence is wrong ..In fact there needs to be undoubtable evidence to convict any one .... and a Police Officer's word is not enough if it is contested .

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Fido.

 
Last edited by: Fido on 22-05-12 13:12:54
Post ID: 196936 22-05-12 13:02:46
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ashedfc
Senior Desi
Member since: Jun 10




Posts: 2153
Location: GTA


totally agree

 
Post ID: 196937 22-05-12 13:08:14
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Fido
Senior Desi
Member since: Aug 06




Posts: 5286
Location: Canada


A vital point in such a case can be -- was the vehicle in motion when the Police Officer saw you not wearing a seat belt ... OR was the vehicle stopped when the Officer approached you and caught you not wearing a belt ??

Its a valid argument that you took off the seat belt immediately upon stopping the vehicle to turn around or ease yourself before the Officer approached you .... this happened in our case when our child was crying .... the Officer flashed at us -- when he appraoached us he asked my wife as to why she was not wearing a seat belt and she explained that she had just taken it off when the car stopped to ease the child .... and that was true and valid ....

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Fido.

 
Post ID: 196938 22-05-12 13:09:40
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Fido
Senior Desi
Member since: Aug 06




Posts: 5286
Location: Canada


As a best practice , I always wear a seat belt ...... even when in India and one is available .... Remember the air bag is still the secondary restraint system ... the primary under all cases is your seat belt .
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Fido.

 
Post ID: 196939 22-05-12 13:11:27
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Contributors:
ashedfc(3)  bhootnath(4)  BlueLobster(1)  Desi # 1(1)  febpreet(3)  Fido(9)  hchheda(3)  
infocan(1)  san-hugo(1)  sudesingh(2)  web2000(9)  
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