Fight Your Tickets!! Another Victory For Me Today!!! | GTAMotorcycle.com

Fight Your Tickets!! Another Victory For Me Today!!!

Pegassus

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Yeeehawwwww!! I successfully fought and won my 2nd ticket in 30 days!

Here's the story: I was on the 400 southbound on my minivan when I noticed an OPP unit behind me. He followed me for about 1 kilometer and turned his lights on. The cop came to my window and said "Do all these kids have their seatbelts on?" I said "Yes, take a look for yourself". To my horror the cop says "This baby is not secured with a seatbelt". I turned around and saw that the baby's stupid mother had taken the seatbelt off her baby's seat. I yelled at her "Why?? I saw you putting the seatbelt on, why did you take it off??" She said that the baby was uncomfortable because it had a full diaper and that she turned the seat around to change his diapers when she saw the police officer pull me over. I yelled at her "Couldn't you wait 1 more minute so the police officer could see that he was secured??". The cop then said "Okay let's not get into fight mode here" and proceeded to give me a ticket "Failed to secure child assembly seat" or something like that.

Today I was in court at W6 on Eglinton ave to fight the ticket. I am NOT guilty or responsible for what an adult does behind my back while I'm driving on a highway at 100 km/h, I cannot turn around every 5 minutes to see if my adult pasengers are following the rules of the road. I hired a traffick-ticket agent because they are experienced in fighting cases and know some tricks and ask for disclosure. We met with my agent outside the court room and he told me "Listen I have my doubts and concerns if this cop has anything to stick to you, I mean did he saw the baby seat without a seatbelt BEFORE he stopped you?". I told him "Nope", he never knew that, I don't even know why he stopped me for to tell you the truth. My agent then said, "Okay I'll voice my concern to the prosecuter" and talked to her. He then told me "The prosecuter will talk to the OPP cop regarding if he actually saw the babyseat without a seatbelt before he stopped you". The prosecuter talked to the cop for about 2 minutes and he went through his notes.

My name was called up and the prosecuter told the judge, "I will dismiss the charge you worship for lack of evidence" and I was let go!! I shook hand with my traffick ticket agent!!

NOTE: I saw the most stupid lady (in her 40's) that could ever exist. There was doubt about her case too with the same police officer and the prosecuter asked her some questions, the lady told her young daughter (interpreter) something and the young girl said "She wants to plead guilty and that's all, that's all she's her for". The prosecuter and the OPP cop looked at each other in bewilderment, shrugged their shoulders, smirked a little and proceeded to charge her for talking on her cellphone while driving. Unfreaking unbelieveable.
 
lol, i was reading this thinking, "why would the popo pull them over knowing about the child seat seatbelt?"...i had the same arguement going through my head that the agent came back with...of course, i would like to know why the cop pulled you over in the first place...
 
lol, i was reading this thinking, "why would the popo pull them over knowing about the child seat seatbelt?"...i had the same arguement going through my head that the agent came back with...of course, i would like to know why the cop pulled you over in the first place...

Based on the story I thought that the cop would have seen the passenger turn the child around.
 
The cop was about 20-ft behind me and my windows are tinted, the baby and the mother were in the 2nd row of seats in my minivan, there's no way he could see the babyseat since there are two rows of seats blocking the view, unless the cop was riding in the cabin of a tractor-trailer truck.

When he stopped me he said "I saw a lot of movement with the kids in the back, are they all wearing their seatbelts?". He never knew or saw a babyseat with no seatbelts, he had NO probable cause, the "movement" he claims he saw were the kids in the very back seat waving their heads to the left and to the right.
 
Well apparently the tint and at least one row of seats wasn't an obstacle to the cop seeing movement, so it's plausible that he also saw the mother lift and rotate the baby seat. Just more evidence that it's better to be lucky, than good.
 
Well apparently the tint and at least one row of seats wasn't an obstacle to the cop seeing movement, so it's plausible that he also saw the mother lift and rotate the baby seat. Just more evidence that it's better to be lucky, than good.

If you are smart, you can get by with less luck. If you are good looking, you can get by with less of both. teehee.
 
Well apparently the tint and at least one row of seats wasn't an obstacle to the cop seeing movement, so it's plausible that he also saw the mother lift and rotate the baby seat. Just more evidence that it's better to be lucky, than good.

He never saw the mother turning the babyseat because when he approached my window he talked about the kids in the back row moving around, it was only when he stuck his head inside the vehicle that he said "the baby is not secured with a seatbelt".

I'm still dumbfounded why they didn't proceed with the case anyways, all the cop had to do was to lie that he indeed saw the babyseat being turned around, the judge would had believed him, as always, but how can they prosecute a man without men's rea? As the driver I don't know what an adult is doing behind my back, my responsibility is to make sure they have their seatbelts on when I take off from the parking lot, how can they prosecute me for another adult's actions that were unknown to me?
 
Great win.

I would have considered thanking the officer for being honest (and not in a sarcastic way)
 
The way I understand it is that the driver is ultimately responsible for the seatbelts of all underage passengers in the vehicle. http://www.e-laws.gov.on.ca/html/source/statutes/english/2006/elaws_src_s06025_e.htm

And not to harp on your wife or give parenting lessons, but I'd be more concerned about the fact that your baby wasn't properly secured than getting a ticket for it. Full diaper be damned.

Yes I'm reponsible WHEN I TAKE OFF AND INITIATE THE TRIP, how does the court expect me to stop an adult from taking the seatbelt of a babyseat behind my back while I'm driving on the highway? She didn't tell me she was going to do this, BTW she's not my wife, she's my wife's friend.

Are you responsible for assault if an adult in your vehicle sticks his hand out your car window and punches a pedestrian? Or if your adult passenger throws out trash on the highway from your vehicle's window?
 
Are you responsible for assault if an adult in your vehicle sticks his hand out your car window and punches a pedestrian? Or if your adult passenger throws out trash on the highway from your vehicle's window?

I'm not a lawyer, nor do I play one on TV, but I'd guess, to some extent, YES you are responsible!

Behind the wheel you're captain of the ship...
 
You can prosecute someone without Men's Rea...... Actus Reas applies to MANY offences. All the officer had to prove was the Act, not the Intention.

Just because a term exists doesn't mean it applies to every single thing in the book. That's why there are manslaughter/Murder 3 charges: lack of intent, but the act exists..
 
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You can prosecute someone without Men's Rea...... Actus Reas applies to MANY offences. All the officer had to prove was the Act, not the Intention.

Just because a term exists doesn't mean it applies to every single thing in the book. That's why there are manslaughter/Murder 3 charges: lack of intent, but the act exists..


I doubt Peggy understands what u are talking about.
 
me
NOTE: I saw the most stupid lady (in her 40's) that could ever exist. There was doubt about her case too with the same police officer and the prosecuter asked her some questions, the lady told her young daughter (interpreter) something and the young girl said "She wants to plead guilty and that's all, that's all she's her for". The prosecuter and the OPP cop looked at each other in bewilderment, shrugged their shoulders, smirked a little and proceeded to charge her for talking on her cellphone while driving. Unfreaking unbelieveable.

Wow, Peggy is now passing judgement on stupid people!
 

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