I got "pulled over" walking down the sidewalk in Florida and got a ticket for not wearing a seat belt. The cop actually walked behind me for a while until he finally said "You are the subject of a vehicular violation. Please stop." He said I was driving a car 20-30 minutes prior, and at the time, he saw me without my seat belt. He asked for my license and wrote me a ticket for $168 all while I was standing on the sidewalk. His police car was parked two blocks away. My car was parked a half mile from the spot. Will the cops citation hold up if I challenge in court?
Respectfully, you are asking the wrong question. Whether the cop was legally right or wrong is a not for either you or me to decide. That decision is left to a Judge (unless you choose to either pay the ticket or attend driving school).
The question that you should be asking is "now that I got a ticket what am I going to do about it?", and in that regard I strongly urge you to HIRE A LAWYER (caps intentional).
My guess is that you have has about as much business practicing law as I do commanding a nuclear submarine... meaning none. Please understand that this is not personal to either of you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence, the nuances of rules of procedure and the art of cross-examination; and you are very likely to unintentionally screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client."). In my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer.
I can't speak to the 407 area per se but in Miami, Fl where I have been a practicing criminal defense lawyer for more than a quarter of a century, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline