Passenger - no seat belt

Plea Bargaining and Guilty Pleas

This charge is like an expensive parking ticket. It does not affect your driving record nor are there any demerit points attached to it. It can be easily negotiated down to a smaller fine by pleading guilty to a lesser offence like a parking ticket.

In Step 5 this strategy is covered in detail.

How to Fight the Ticket

This charge often occurs during a safety blitz or if the driver is stopped for another violation. It means that it is unlikely the officer took any notes nor will he likely remember your offense at trial. It also means he will be less likely to show up at court as this is not considered a serious charge.

If you ask for disclosure there will likely not be any notes to give to you. You can then make an application for a stay based on insufficient disclosure of the evidence against you. This is covered in detail under Step 4.

If the matter does go to trial, you can raise a due diligence defence as explained in the previous section under "Driver not wearing seat belt".