Fighting a Seat Belt Ticket Issued to Driver Who Was Belted

My question involves a traffic ticket from the state of: N.C.

Today I was given a seatbelt ticket while wearing my seatbelt. I met an officer on a 2 lane road, he immediately did a u-turn and followed me for a good distance before pulling me over on a 5 lane road. I pulled over, put my car in park, removed my seatbelt and reached in my glovebox for my registration, still wondering why I had been pulled. He comes to my window and informs me that he pulled me over because I was not wearing my seatbelt. I informed him that he had to be mistaken because putting on my seatbelt is the very first thing I do when I get behind the wheel. I'm adamant about it.
I drive a very low sitting car, and I'm short. I get teased by people all the time when they say "I saw your car going down the road today, but I didn't see you!". My shoulder sits far below the window and my head is the only thing that sits above the steering wheel. My seatbelt is also attached to the side of my seat, not the car, so it slants straight down over my shoulder verses how they sit when they are attached to the car. I don't see how he could give me a ticket for something that can not be seen from the distance he was at. I also don't see why I should have to pay for something that I didn't do. I've never had a seatbelt ticket in any vehicle. Why? Because I always wear my seatbelt. What are my chances in fighting this on my own? Hiring a lawyer would defeat the purpose.

One thing you NEVER want to do when a cop pulls you over is lean over an reach for something until he instructs you to.

And you NEVER take off your seatbelt until the cop is standing at your window.

To beat the ticket you will have to have somebody photograph you sitting in your car wearing the seatbelt to show that the seatbelt couldn't be seen by the cop during his approach.

You'll have to have somebody drive another vehicle (of similar size) while taking the photos (from the equivalent of the cop's eye level) while duplicating the movements of the cop's vehicle from the time you first saw him to the time he pulled in behind you. That means photos from the front, side and back of your car and all the angles in between.

Unfortunately, it could hurt you that you weren't wearing the seatbelt when the cop got to your window and that will support his testimony that you weren't wearing it at all.

This is apparently a small fine and no points so it's up to you if you want to take the day off from work and go fight it in court.

A $160 fine is not small to a waitress who is also a mother of a 3 year old, especially since I did not commit the offense. If I was guilty, I would admittedly still probably be mad, but I'd suck it up and go to court and get my 3 continuances while I saved the money to pay my fine. I work at night so I wouldn't be missing work. Either way, it's worth it to me to fight it. I am SO right in this that I actually feel violated by this ticket. This Officer was wrong. I don't see myself having $160 in the near future, so I'll have take my chances with taking the pictures and taking them to court.

Is this seatbelt design where the belt attaches to the seat designed by the manufacturer or is it someones aftermarket creation?

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Quoting Davids_Mommy

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A $160 fine is not small

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You're right. The statute says $25.50 plus court costs. I didn't realize that the soak you for that much extra.

Your situation with a non-visible seatbelt appears rather common on the internet.

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Quoting Davids_Mommy

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it's worth it to me to fight it.

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I agree.

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Quoting Davids_Mommy

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I'll have take my chances with taking the pictures and taking them to court.

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Have lots of photos taken, about 1 or two seconds apart, as the vehicles are moving (and close ups of you wearing the seatbelt to show that it's below the window and out of view.

From a strategy standpoint, pleading not guilty might result in being offered a reduced fine or a dismissal if the cop doesn't show up.

One thing you might consider is asking for the cop's video if there was one.

I found the following on a Greensboro lawyer's website:

"A Request for Discovery is an information request you would make to the prosecutor. Ask, usually the District Attorney, for relevant information related to your case. If you were cited for speeding, you may want information on the kind of speed measurement device the officer used to clock your vehicle, or the training records for the officer that measured your speed. A simple written request, sent via registered mail to the District Attorney's office, is usually sufficient to exercise this inquiry."

http://www.greensborotrafficlawyers....ion-topics.cfm

You'll have to do a little research for how this gets done in your city.

Thank you all.

And yes, the seatbelt attachment is by the manufacturer, nothing about my car is after market.

I'm not sure a video is or will be available. Dash-cam recording is not usually set up to start on its own until the officer activates the emergency lights on his vehicle. And in this case, that would have likely happened after the u-turn. As for pictures, all the pictures in the world could not duplicate what the officer saw (or thought he saw) at the time; so from an evidentiary stand point, you're not refuting what may have been, only offering a possible alternative to what was.

But hey, if its your only shot, might as well take it.

Pictures will not be able to help but to duplicate what the officer saw. It's obvious to anyone with vision that my seatbelt is not visable unless your standing right at my window, especially with my long hair covering it. And even if you could see it, the positioning of the above headrest part of the seatbelt is the exact same no matter if I'm wearing it or not. I'm going to fight it with all I've got. If I can't drive my car while obeying all traffic laws without being ticketed and forced to pay ridiculous fines, I'd just assume not drive.

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Quoting That Guy

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all the pictures in the world could not duplicate what the officer saw (or thought he saw) at the time; so from an evidentiary stand point, you're not refuting what may have been, only offering a possible alternative to what was.

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Even with traffic tickets one is entitled to attempt to create reasonable doubt.

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Quoting Davids_Mommy

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Pictures will not be able to help but to duplicate what the officer saw. It's obvious to anyone with vision that my seatbelt is not visable ...

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The judge is effectively blind unless you have pictures, and needs to visualize what the officer could not see without being close up or without your driver door open. Scroll down on this web site and you will see a couple of example pictures. Perhaps you could take one with your hair to the side and another with your hair covering the belt. If your clothing blended with the belt color you could take a picture wearing the same clothes. You could have someone take pictures at various distances at the same angle as the officer’s oncoming approach and crouching to the same height as the officer’s windshield. Good pictures can help the judge to better visualize the situation and to cast reasonable doubt on the officer’s assessment.