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Got A Seatbelt Ticket On The 401 But I Took It Off After The Car Stopped -worth Fighting?

Was a passenger in the back seat (7-seater, so back-most row) on the 401. My friend was driving and got pulled over for speeding. I was asleep for most of the ride. When the car actually stopped, I woke up and took my seatbelt off — that's just habit, first thing I do when a car stops.

I was still half-asleep and didn't really register what was going on. The officer came to my window, I heard him ask for ID, so I handed over my G1. He came back with a ticket — turns out it was for no seatbelt, not anything related to the actual reason we were pulled over (speeding, which was on my friend).

I didn't get a chance to explain that I'd only taken it off after we'd already stopped, since I was groggy and didn't even know what was happening until the ticket was in my hand.

My friend was in the car the whole time and can confirm I had my seatbelt on while we were driving, and that I only took it off once we came to a stop.

Has anyone dealt with something like this? Is "seatbelt was off only after the vehicle stopped, witness can confirm" a viable defense at a JP trial, or does officer testimony just override this in practice? is this simple enough to fight on my own with a witness?

Appreciate any real experience with provincial offences court in Ontario, especially seatbelt-specific cases.

Location: Brockville, Ontario

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Got A Seatbelt Ticket On The 401 But I Took It Off After The Car Stopped -worth Fighting?

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