Received Seat Belt Ticket but Was Wearing a Seat Belt
I was traveling down an incline at 50mph and the police officer was traveling up in the opposite direction at 50mph (the posted speed limit). I was wearing a dark brown sweater while "WEARING MY SEAT BELT". When he pulled me over I thought that maybe he was pulling me over for speeding. In my stupidity I took my belt off when I stopped to get my drivers licence and registration. I swear I had my seat belt on!
I am a salesman and it is required by my company to have my seat belt on at all times. I take this very seriously and have not driven without my belt since I was a teenager.
What can I do to prove that I am innocent of this infraction? The fact that he pulled me over under the conditions by it self are "unreasonable". Any advice?
Re: Recieved Seat Belt Ticket but Was Wearing Seat Belt in Me. What Do I Do
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hil
What can I do to prove that I am innocent of this infraction? The fact that he pulled me over under the conditions by it self are "unreasonable". Any advice?
I take it this is in a state where not wearing a seatbelt is a primary offense and not a secondary one. If it is a primary offense, meaning your state law authorizes a stop for it alone, no other cause, then such seizure IS reasonable under the 4th AM.
The innocence defense comes later.
Re: Recieved Seat Belt Ticket but Was Wearing Seat Belt in Me. What Do I Do
My frustration is thru the roof. what defense do I have? When I say "unreasonable", I mean the conditions in which he pulled me over. We were traveling in opposite directions at 50mph on a hill. There is no way that a reasonable person could definiteley tell if I was or was not wearing a seat belt based on the circumstances. The insane thing here is that "I WAS WEARING MY SEATBELT!!!". For the next 15 miles after the ticket I watched every car go by me to see if I could see their seat belt. This only made me more mad because I could not tell if one driver was wearing their seat belt or not. This has completely freaked me out about law enforcement and thier ability to be judge and jury on the side of the road. Do I have any way of beating this in court?
Re: Recieved Seat Belt Ticket but Was Wearing Seat Belt in Me. What Do I Do
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hil
This has completely freaked me out about law enforcement and thier ability to be judge and jury on the side of the road. Do I have any way of beating this in court?
Judge coincides with a "reasonable suspicion" a violation of law occured. This is the basis of an investigatory stop, or Terry stop.
Jury coincides with the "probable cause" that is needed to issue a citation/ticket.
As described, yes, police have a wide latitude to conduct business.
IF the offense is an infraction, some states permit the burden of proof to be by a "preponderance of the evidence", this is unknown since you did not name your state, and that would take some research anyway. The US SC permits this in lieu of "beyond a reasonable doubt" for offenses not criminal in nature, that is, no jail time for it, just a money fine.
Your defenses seems to be the officer was mistaken by angle view, etc., AND your credibility, use them BOTH for your defense.
Court is to make sure Due Process is afforded, this is for a crime or any other violation of law, criminal or not. If you are to be "deprived of property", here, a money fine, DP must be in place. DP permits you to examine the witness against you, the officer.
If you plead not guilty, do so, mount your defense with maps, angles, etc., anything that will help.
Re: Recieved Seat Belt Ticket but Was Wearing Seat Belt in Me. What Do I Do
Well if you do lose on this one and you will.......taking time off for the court is a loss no matter how you cut it....you will lose in that respect alone!
One way to look at it is this...........think of all the times you should have gotten a ticket and didn't.............eh?
What kills me is this though, really...........seat belts click it or ticket is bullshit........school buses and motorcycles, its really a ridiculous law that is out there for one reason only and you already know that! Its cheaper to pay than take a day off work fight it, lose and lose 2 times over!
Re: Recieved Seat Belt Ticket but Was Wearing Seat Belt in Me. What Do I Do
I am cotesting this on priciple alone. I challenge anybody to travel down a two way road at 50 mph and see if you can see the oncoming drivers seatbelts. Not to mention the interior of my car is Black, my seat belt was black and I was wearing a dark brown sweater. Absolutly impossible to see my seat belt. I WAS WEARING MY SEAT BELT. This was on a country road and I have an above average vehicle. You are right. They want to give a ticket to jump thier totals they will because there is nothing a motorist can do about it. I won't feel right about this until I can say in front of a judge that the factors for giving this ticket are rediculous.
I am not fooling myself I know I will loose. If I take time out of this officers day and I present the absurd details of what happened I will consider it a victory as I write the check for the ticket.
Re: Recieved Seat Belt Ticket but Was Wearing Seat Belt in Me. What Do I Do
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hil
Absolutly impossible to see my seat belt.
Its not impossible if one can see that there is no seat belt coming off over the driver's shoulder to where it connects to the B-pillar...
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hil
If I take time out of this officers day...
All part of his regular duty...
You deleted the portion asking you to name the state where this occurred, and without reading the related code section you were cited with, no one can give you any definitive answer about what to do or how to present a defense, if you have any. Other than that, the only advice I can offer, and if you want even the slightest bit of leeway and/or understanding from the judge, lay off the drama. It won't do you any good!
Re: Recieved Seat Belt Ticket but Was Wearing Seat Belt in Me. What Do I Do
I appologize I did not clearly mention the state. It is Maine (Me). There was no code but it does indicate title 29-A Section 2081(3-A)
As far as where the seat belt crosses my shoulder and attaches to the door frame: I was driving with my left arm on top of the steering wheel which completley blocks the view of the belt on my chest. I am a tall person and because of this the seat belt does not lie wide viewed to the door frame. Instead, the belt is only strait across. This means a black seat belt the thickness of two sheets of paper super imposed against a black interior makes it difficult to see the belt. Of course the officer did not see the belt. The officer should have recognized that maybe traveling at 50mph (literaly had less than a second to look directly at me) and a black interior that he might be mistaken.
When I do contest this in court I intend on showing the officer and the judge complete respect and will only present the facts of what happened on that day. I am not looking to create drama. Listen, I know its only a stupid $70 ticket and its not a murder trial. But when you are accused of doing something you didnt do under unreasonable circumstances its hard not to get mad.
Thanks for any insight and advice.
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