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Seatbelt Ticket / 1 year wait for trial - QUESTION

Old 09-18-2008, 02:25 AM
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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
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Old 09-18-2008, 02:35 PM
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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.
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Old 09-24-2008, 12:01 AM
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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.
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