Had My Seat Belt On, Pulled Over for Speeding, Got a Seat Belt Violation

[kht11]

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

I was riding in passenger as my friend was driving on the interstate, on our way back to Tallahassee, from Tampa. An officer saw us speeding from oncoming traffic, did a u-turn and then pulled us over. When we came to full stop, we both took of our seat belts. The officer came to the front door and asked for my friend's license and registration, and went back to his patrol car to process it. He came back after 5 minutes, saying that my friend had a speeding ticket before and didn't learn his lesson, and then asked him, "Wait, your not wearing your seat belt?" My friend replies that he took it off when we came to a complete stop. The officer said that we are supposed to keep it on as the officer approaches the car, literally telling us, "You know." He looks at me asking the same question, to which i replied that i had it on, but took it off. I have never actually been pulled over, as i have never had a ticket, so i really didn't know. He asks for my license and goes back to his car for 25 minutes.

The officer comes back saying he's cutting us a break and not going to give my friend a speeding ticket, but he proceeds to hand us both seat belt violations. My friend didn't say anything, as he really was getting a break, but i was getting shafted here so i asked the details of what i have to do to schedule a court date, to which this cop tells me in a rude, demeaning attitude, "I want you to fight this ticket, i hope you do, come down to our courts and fight it." I just told him to count on it.

I want to fight this because i really did have my seat belt on, this officer was very rude, i am college student and money is tight, even for a $113 ticket and this is the second time that i have been shafted by the legal system within 6 months. I would also have to drive 2 hours to the county where we were pulled over.

Some extra details - me and friend are both 18, we were going 81 in a 65, it was at night, it was in different county that is a far drive from where i live, the speeding ticket would have been $250, but both seat belt violations is actually $226 altogether

[BrendanjKeegan]

This sounds like the FHP in Miami-Dade. I wouldn't be surprised if it was. But to that effect: what court is this?

F.S. 316.614 requires you to be in a moving motor vehicle to be guilty of this violation. If you really want to fight it, you need to prove that you were on the side of the road, stopped, and the car was not being "operated," i.e. not running. This can be established by asking the officer when he noticed you not wearing your seat belt.

So here's the law: (5) It is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion.

Seeing as the vehicle was not in motion, you should be able to have this case dismissed. That is, if the officer doesn't lie in open court.

If you want, you can request the officer's notes from the court to be prepared for what he's going to say. Fla has a very informal discovery process.

To that effect, I think it would be wise to have you both schedule a hearing on the same day. You should BOTH fight the ticket. As I see it, he's in the same boat and is being "shafted" as well. Also, there's nothing to lose for him as well- the officer cannot amend the citation in open court, he can only amend the citation before court has started. Only the prosecutor can amend the citation in open court. Most jurisdictions have the officers fight the tickets themselves rather than waste a prosecutor's time.

So, why not make another road trip out of it? I guarantee you'll learn a lot. You'll probably enjoy the experience as well.

If you need a copy of the FL Rules of Traffic Court, let me know and I will send one your way.

Good luck.