Thanks for the response. This was my first time driving this vehicle. I had no idea the status of the seatbelt. While driving, I noticed the belt didn't stay fastened. It'd keep opening and Id have to keep closing it. There was essentially nothing I can do, short of stopping the car and walking. If this was something known to me and I chose to drive the car anyway, I'd agree that it'd be a far shot... But this was my first time and I didn't know the status of the belt. What is the name of the statue that determines the rules and procedures of HTA cases (such as evidence). Is it the provincial ...

Hi all,

Quick question for those on the site. I was driving a motor vehicle which began to have issues with its seat belt (it was faulty). The vehicle was not mine.
I got pulled over and got a ticket for failure to wear a set belt. I'm looking to move forward on a due diligence defence, that there was nothing I could do.

The mechanic who fixed the seatbelt may not be able to (or want to) show up in court to testify. Can I get him to simply swear an Affidavit and use that as evidence?

Thanks