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  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Default Should I Contest or Mitigate a Traffic Violation when I Was Sited for No Seatbelt

    My question involves a traffic ticket from the state of: Washington

    I need help in deciding what to do with the seatbelt violation I received today. Here is my story:

    I was stopped at an intersection where a WA State Trooper passed me. I turned and was following him. While following him, I realized my seatbelt wasn't on, so I put it on. About a tenth of a mile later the trooper signaled for a turn into a parking lot and I passed him. As soon as I passed him, he pulled me over.

    When he approached me, he stated he noticed I wasn't wearing a seatbelt when he passed me and saw me put it on. He asked me for the paperwork and went to his car.

    When he returned he told me he was siting me for not wearing my seatbelt and the fine was $124.00. I was shocked because he knew I had the seatbelt on. I put it on without the fear of him pulling me over, I did it because that is the safe thing to do.

    He told me I could mitigate it and get the fine reduced but a part of me wants to fight the infraction.

    My question is two fold in that:

    1. Do I have a leg to stand on if I contest the ticket? I have no other traffic offenses.

    2. Is it the judges discretion whether to dismiss it or not? Based on the facts should I have been sited?

    Thank you for looking at the post.

  2. #2
    Join Date
    Feb 2010
    Posts
    1,299

    Default Re: Should I Contest or Mitigate a Traffic Violation when I Was Sited for No Seatbelt

    1.) Yep. You always do unless discovery says otherwise.

    2.) That depends, again, on discovery. Based on the facts, yes, you should have been cited, unless your car was not on and you were on the side of the road in park.

    When I drive, it's seatbelt on > engine on > lights on. That means I won't start the engine until everyone in the car has their's on. Try it sometime?

    The thing that you need to remember is that it's a seatbelt ticket, meaning it will not go on your record and will not affect your insurance. I don't know if that has any sway on your decision to go to court...
    "A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost

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