OHTA.ca

Hi all,

Happy new year!

Context: 4/5 people in the car are 18 years of age and I'm 29 years of age.

I'll make this short. The driver gets pulled over and the officer decides to ask the 18year old driver "Where are you going? What are you doing?" etc. I was sitting in the back seat of the van when I responded: "Officer, you have no right to be asking him these questions. He doesn't have to answer you." Officer: "I am speaking to him. Give me your ID, you're not wearing a seat belt."

Few minutes pass, and his partner (from another vehicle) comes up to the car trying to play good Cop. "So what were you guys up to?", asking the 18 year olds at the front. They responded in detail. Officer asks, "How old are you guys?" They respond and I followed, "I'm 29." Officer responds: "You need new friends." I respond, "You have no right to speak to me in that manner. Who the hell are you to tell me what I need and don't need?!" Extremely ignorant statement to make.

I felt like these officers were taking advantage of these kids because originally, the officer who followed us out of the parking lot noticed two of the teens fighting for the front seat, so I guess he was suspicious (bullshit - he had time to kill).

So the first officer came back with a warning for the driver whose car's rear plate lights were out. I, on the other hand, he slapped me a $240 fine for failure to wear seat belt. In my opinion, if he's there to apply the law, he should have given us both a fine and not be partial to the driver because he was a little kid afraid of authoritative figures.

I'm curious to know your responses.

Thanks.

Thanks for your sharing your story. Its a great example of how NOT to behave when talking to police at a roadside stop, especially if you're just a passenger. A great ending too---the officer only charged you instead of the driver. Karma! They should actually make a promotional video of your scenario.

Always be polite to Police Officers. If you are on their nice side, chances are they would be more lenient with you.

I got stopped once on the 401 for doing 155km/h in a 100km/h zone. When the officer came to my vehicle, I already had my license, insurance and ownership ready for him. He asked me where I was coming from, where I was going and if I had anything to drink. I answered HONESTLY and POLITELY, and got off with a warning.

Thank you for your input.

Anyone else have any input as to what you would do in court?

For all intensive purposes the only defense to this charge is to convince the JP that you were in fact wearing your seat belt (everything else is irrelevant).

Pretty much what Ynotp said. To win in court you would have to somehow cast doubt on the officer's observation that you were not wearing a seat-belt. You can always file the ticket for court, request disclosure and see what the officer's notes say. Sometimes you can find an error or inconsistency in the officer's notes that can be used as a defence.

Thank you all for your responses.