hey guys, so i was in my work truck heading south on hwy ten to dundas when i clearly saw an unmarked turning right “south” onto hwy ten in my direction. i stayed calm because i wasnt speeding nor violating any laws. he pulled me over 100 ft up just before dundas. first thing he said was “so when did you put your sealt belt on” now. i had it on the whole time, i wouldnt make this post if i didnt, BUT my passenger didnt have one on and he got a ticket. BUT I CLEARLY did and the officer said “he believed that i didnt have mine either” so i got that ticket aswelllll AS A 5 KM OVER THE LIMIT… yes 5… 65 in a 60 zone, no school zone, no saftey zone, nothing, how the hell do i fight these tickets if i have no solid proof i was wearing my seat belt and that i was speeding? P.S i also asked to see the radar and he said i didnt need to it is a small ticket, no points etc and he RUDELY walked away… i tried to tell him i was wearing my seatbelt but he just walked away from me litterally lol… any help guys? if i get any more poiints my licence is bye bye… for at least a year
5km over wont add any points. If you take it to points (lawyers) they will charge you about $250 and not guarantee anything. But there’s no worry anyway, no points means it doesnt reflect your insurance or licence. I just got a ticket for a 90 in an 80 new years eve. she dropped it from 110km (whick I still dont think I should have been pulled over for). Anyway it was just a $40 fine and no points.
just so you know, just because you get no points deducted doesn’t mean it won’t reflect your insurance, you’re wrong, it does effect your insurance.
any moving violation tickets counts towards your insurance. they may excuse your first ticket, but a ticket is a ticket, in the end.
im not worried about the speeding ticket as much lol, but the 2 point belt ticket, i cant afford 1 point more… he didnt show me a radar so that should hold up in court and if not i will run to J.O.P lol
Go fight both of them in court. Worst case scenario, you have to pay the fines…
look on here for tips http://www.magma.ca/~fyst/
See this is where people are often wrong… the officer does NOT have to show you the radar, in fact the officer does not even have to have you on radar to claim you are speeding as they use other methods to judge speeds as well.
I would agree that either way the cop could lie (claiming you are speeding when infact you are not) but in court, the judge will believe the cop unless you can give him reason not too (which normally does happen).
Now, when you fight tickets in court they look at your record very closely, if you have a clean record and this is your first ticket (then they sometimes drop it, or usually lower it atleast) but if you have a history or speeding etc, then they normally will not help you out.
Last thing… Sometimes cops do give out “bogus” tickets, and they know they are given out wrongfully but 75% of the time people just pay them. BUT when an officer KNOWS hes given out a wrongful ticket, luckly hood of him showing up in court to fight it is slim as shit (and ALWAYS REMEMBER THIS) Officers get paid overtime to show up in court and the reason they pay them overtime is so that they will indeed show up.
Yeah I would take it to court. Call someone from points or somewhere for a consultation (free).
I first thought you just got the ticked for 5km over speeding, but thats bull shit that he gave you one for the seatbelt too.
Take it to court. Draw a diagram of streets and where the cop was parked, and try to show that cop could not have possibly have seen you past your friend, if that was the case.
Hopefully, you won’t have to use your diagram, but be prepared.
Unless you got work, dont waste ur time. (one day of work can cost you 100-200 bucks) If you lose, you’ll lose your wage and will have to pay for the tickets.
If you dont work, take it to court. If your record is clean, explain urself to the judge and he will drop the tickets or lower the fines. Also, 5 over the limit is not a huge offence, so the judge might take ur side b/c the cop was taking shit too seriously.
Hope everything works out for you.
well the speeding ticket is what 50 bucks? i would just pay that
was it during the day when you were pulled over or at night?
if u were truly wearing ur seatbelt then bring it to court man…ur in the right and hes just a little bitch of a cop who cant make his quota
like other said draw a diagram are ur windows tinted? how bigs the work truck? hes in a small car could he possible see that high up to notice no seatbelts? anything that can help u
alrite awesome guys all good statements… just a few little things in case anyone has previously read all these threads, cops are now Obligated to go to court and do not get paid overtime but they still if " unprepared" may not appear, thats just what ive heard that they are obligated now and it has changed meaning, if they
dont show, they get in a lil trouble but its not un comman, seccond my reccord is absolutely terrible and i cant just pay the seat belt ticket because i will most definitly lose my licence for one year the judge told me last month loll… i have 11
points on my reccord now… and the belt ticket would = 13… which is no good haha. but also the money isnt what matters and even the points… it honestly comes down to my rights with this one, we all know usually when we get pulled over… usually… there is a reason… and we know the reason… but this time was truley uncalled for, and un just… which is why i am so inclined to fight them…
also thats right the cop doesnt NEED to show me the radar to give me a ticket… but he has to provide some kind of explanation in court to prove that i was either… “in a case where he is beside me” that i pass him… or he is " on comming" on board radar can be used there. it has happeneed to me b4, but
anyways i specifically asked this time because 5 over… i mean… c’mon… it wasnt even like 15 over and he dropped it… it was a bold 5 over… and he couldnt even provide the radar… after i said " can i see the radar gun" he said and i quote, as
he walked away from me " oh its nothing big, 5 over no points its small stuff" so
still my rights are my rights and one of my rights is the right to ask for proof i was speeding… in court i was told by a judge if an officer doesnt provide you with your rights and you can prove this, tickets will be dropped instantly… but i do have a whitness " passenger" and i will be fighting both … worst case i pay the speeding fine… but i NEEED and i mean NEED to find a
way to loose this seatbelt ticket or the 240 goes for sale… i honestly belive if this cop is smart… he wont show, because i think he would be made a fool of in court defending a “5 over” ticket… with no reasonable cause " ie car is a ricer and too loud or " it was a 50000 pound vehicle and shouldnt be traveling so fast on small roads… i mean… a 1500 work truck lol… fuck off really haha anyways guys thanks for the help i will let you know how it all goes down in a bit 
thanks again
Day time yes and tint yes and high up truck yes so i plan to use that if all else fails… im going to first tell the judge that i had it on… as my first statement… and use my whitness as proof… but if i need to defend myself and use an excuse for why i think the cop couldnt see… i will most definitly use all of the above… also … the cops were on the east side of my truck as i passed
them… i was driving… wearing a god dam parka lol … theres no way he could have seen me…possibly my passenger but that is highly unlikly i was staring the cop down and there was also no radar visable.!!! AND! the PASSENGER cop said he was the one who radar’d me… and also saw i was " not" wearing my belt… so… from his passenger side… saw all the way accross threw 2 heads to me
here
me heading down
=
=
=
[ ]
cops [gay]
so the passenger cop… closest to the line i drew… saw me… the driver… on the right side of the screen… with no seat belt? anyways im wasting space here, i will let you know how it goes… thanks again
was it snowing or raining at the time? If so I would bring this up, as it would heavily effect his ability to see through his rear window, through your windsheild and determine if you were wearing seatbelts. Also if your car has tints, that would even further reduce the ability to see seatbelts as the light inside yor car is limited.
Take a weather report with you, in fact print it out now.
just schedule a court date… u wont have to pay for ur stupid 5km over nor ur seatbelt ticket because u can fight it urself at the court… a: he wont show up b: u can clearly state in court “he asked u so when did u put on ur seatbelt” and he clearly did not see u without it so he has no proof and he will agree he saw u with it on hence u shuldnt get a ticket… 5km over even the judge will call it bs and let u off
If you do take it to court, one thing you may want to do is prepare the case as if you are not speaking as a witness. The JP may ask if you want to tell your story. Don’t do it. Don’t put yourself on the stand.
For example, when cross examining the cop, ask him to verify that your diagram is correct, and that your windows are tinted. After he commits to answers that prove your case, DO NOT tell your side of the story. You have to illustrate to the judge how his answers show that he could not possibly see you, etc. If you put yourself on the stand and tell your side, the prosecutor will cross examine you to poke holes in your story. I guarantee that if you have not done this before, he/she will discredit you and your story. Remember, the prosecutor does this daily.
Use your friend if you feel your case is not strong enough with the officer’s testimony. Be warned that the prosecutor will cross examine your friend as well. You should coach your friend on how to answer questions if he’s never done this before.
Someone else pointed this out: http://www.magma.ca/~fyst
That’s a good site, and has a lot of good information. Read it carefully, and read the HTA. For example, I’ll be fighting a ticket in July. The cop said I was doing 30km/h over the limit. I wasn’t doing that at all, but I didn’t say anything. He gave me the ticket, and now I’ve requested disclosure.
To have committed the crime, they have to prove you did the illegal act at the time, date and place stated on the ticket. One of those is seriously wrong on mine, and it’s a fatal error. I’m going to win, unless the JP is a d!ck. If I get convicted, then it’s appeal time as the law is very clear.
PS - I love tearing down stupid cops. There are great ones, but for every 5 great cops, there is 1 prick.
PPS - A misspelled name, or the wrong minute on the ticket is not a fatal error.
I’ve gotten 2 tickets, and i’ve hired 2 different ticket fighters. The first one i went to called pointts, the guy inside was a little dim with the details but he told me to fill him in, and he’d take care of it. I asked i needed to show up on the court date, and he said it’d be best if i did.
Now, the second more recent ticket and hired representativetold me something different. This guy seemed a bit brighter, gave off the impression that he knew exactly what he was talking about, and it sounded true. Same thing, i filled him in on what happened, but this time, he reccomended that i not show up with him on the day of. His reasoning was that, since i wasnt there, he’d request the judge for postponement of the date. And i’m sure you know what happens but i’ll explain anyways. If a request for postponement is granted (usually at the judges discretion) the cop, who’s appearing in court (usually on a day off) will have to show up on the second date scheduled by the judge. HOwever, usually, the second date for the cop is during a shift, so he’ll be unlikely to show, therefore your representative can demand that the case be dismissed.