How Good Is OPTA At Fighting Tickets In Court?

[Pegassus]

My co-worker swears that this place has fought and won all 9 tickets he got in the last 3 years, from no seatbelt to running red lights, so I have hired them to fight a "no child seat" charge for me this month and I'm curious to see if someone else here have used them before. They have their office at Highway 7 & Islington.

There's something that's bothering me, these guys have not asked me what happened so how are they going to defend me? I'm supposed to meet them that day in court because I insisted to be there and I told them I want a trial not some lame bargaining with the crown which I can do myself for free. It's either do or die.

Anyone have any experience with them?

 

[Pegassus]

Okay doing some research on the internet I found out that judges will convict you for a child with no seatbelt even if you secured the child with a seatbelt and 20 minutes later he takes it off without your knowledge behind your back. Unbelieveable, what a nice justice system we have in Ontario.


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[8] Constable Isaacs was parked in an unmarked cruiser at a four-way stop at an intersection in Brampton. At 8:17 a.m., he observed the vehicle driven by the respondent stop at the intersection. He saw three people in the vehicle – a male driver, a child in the front passenger seat, and another child in a rear seat. Constable Isaacs observed the child in the back seat sitting forward, leaning against the back of the driver’s seat. Constable Isaacs concluded that the child was not wearing a seat belt.

[9] Constable Isaacs followed the vehicle for about half a block until it stopped. He approached the vehicle and confirmed that the child in the back seat was not wearing a seat belt.

[10] Constable Isaacs prepared and issued an offence notice charging the respondent with violating s. 106(6) of the HTA.

(2) The court proceedings
[11] A brief trial took place before Justice of the Peace Florence on August 24, 2004. Constable Isaacs testified about the infraction. The respondent testified that he had ensured that both his sons were wearing their seat belts when they left the family home and that he was not aware until Constable Isaacs informed him that the boy in the back seat had unfastened his seat belt.

[12] The trial judge determined that s. 106(6) was an absolute liability offence and therefore that no due diligence defence was available. She convicted the respondent.