Beating a Seatbelt Ticket
My question involves a traffic ticket from the state of: North Carolina
I was driving my little siblings to school this morning and my brother was sitting in the passenger seat, and we were pulled over cause my brother was not wearing his seatbelt. I was given a $250 ticket (including court fees and citation) and I want to fight it in court.
I just moved here about a month ago so the car I was driving is not yet registered in North Carolina.
I did a bit of research and found that i should mention Federal Motor Vehicle Safety Standard (FMVSS) No. 208 and, specifically, ask the officer if my car is subject to the requirments.
Does anyone have anyother helpful information for beating this in court?
All help appreciated!! :D
Re: Beating a Seatbelt Ticket
By the time your court date rolls around, will you have in your possession a valid NC license within 60 days of establishing your residence, as required by NC law?
Re: Beating a Seatbelt Ticket
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Quoting
b1klounge
My question involves a traffic ticket from the state of: North Carolina
I did a bit of research and found that i should mention Federal Motor Vehicle Safety Standard (FMVSS) No. 208 and, specifically, ask the officer if my car is subject to the requirments.
Why would that be helpful? Yes, your car is subject to the requirements. If your car has seat belts, and the kids are under 16, you are required by NC law to have them buckled up. What the Feds say on the matter is immaterial in this instance.
Re: Beating a Seatbelt Ticket
Quote:
Quoting
free9man
Why would that be helpful? Yes, your car is subject to the requirements. If your car has seat belts, and the kids are under 16, you are required by NC law to have them buckled up. What the Feds say on the matter is immaterial in this instance.
http://www.expertlaw.com/forums/showthread.php?t=78576
that is what i have read so far!! and that is all i know about this matter.
as far as posessing a licence, yes. i will have a licence by that time.
Re: Beating a Seatbelt Ticket
And did you not notice that argument got torn to shreds? State law controls and state law says your passengers have to be buckled up if the vehicle is equipped with seat belts. That Federal section applies to manufacturers and their requirements to equip the vehicle.