Seatbelt Ticket / 1 year wait for trial - QUESTION
 

Just would like some opinions on this situation or if anyone has been in something simliar & could offer some suggestions:

Received a seat belt ticket downtown earlier this year, directly after pulling out of plaza. I was actually placing the belt on while pulling out, had it on after about 8-10 metres.

I did chose the trial option. Now, my question is, 1) the trial date that was given is dated slightly over 1 year after the infraction. What is the possibility of getting an infraction thrown out due to timing? eg: bringing up the constitution act: Section 11(b) Right to be tried within a reasonable time ?

2) Has anyone received a seatbelt ticket & plead guilty to the lesser infraction that is a 'malfunctioning seatbelt' ? I believe no points are given for this one..


Simply a case of a seatbelt locking up while placing it on, with no intention of driving without it on.. Any suggestions would be welcome!

Tom

Hmm one year these days isn't enough, they generally want like 18 months for an 11b. I hope you filed for disclosure, if so if the disclosure is incomplete you can delay the trial because they ****ed up till you get proper disclosure, and that will likely take long enough to file an 11b on.

Yup, I agree, ask police officer notes and that gives some extra time. The 11b is a first motion you should try before you begin your defence.