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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Default Seatbelt Ticket when I Honestly Did Have My Seatbelt on - How to Prove

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

    I took one law class before so I have a general idea of the legal system. (Aviation concentration though.)

    In order to prove negligence certain conditions have to exist, and if one could disprove those conditions - the case would get thrown out.

    I need the seat-belt equivalent breakdown. What points do I have to prove for the ticket to get thrown out?

    Also, how can I determine if court fees will be levied against me?

    If they are and I win, how can I turn around and go after the court/city/police department to cover the court fees.

    If I lose what can I do to fight the Judge's ruling?

    He also took my license. He did not sign the citation (is this a loop hole for me?)

    ----
    Yes I know the ticket is only 25 dollars and in fact I'm losing money by taking time away from work to fight it, but its not about the money - it's the principle.

    I had my seatbelt on!!!

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Seatbelt Ticket when I Honestly Did Have My Seatbelt on - How to Prove

    Quote Quoting bitsnbytes
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    I need the seat-belt equivalent breakdown. What points do I have to prove for the ticket to get thrown out?
    You need to prove that you were wearing your seatbelt. The only thing the State has to prove is that you weren't. In a he-said, she-said situation...the officer will normally win.

    Quote Quoting bitsnbytes
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    Also, how can I determine if court fees will be levied against me?
    Call the court and ask.

    Quote Quoting bitsnbytes
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    If they are and I win, how can I turn around and go after the court/city/police department to cover the court fees.
    I've only ever seen fees assessed if you lose so it shouldn't matter. You can also forget getting any kind of money from them for lost time/wages/etc..
    Quote Quoting bitsnbytes
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    If I lose what can I do to fight the Judge's ruling?
    I'm not sure what IL's system is like for appealing traffic tickets. Again, the court might be able to clue you in. Or go to the local law library and research it.

    Quote Quoting bitsnbytes
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    He also took my license. He did not sign the citation (is this a loop hole for me?)
    Some states do still confiscate licenses and you have to use the ticket in lieu of it until after court. Not signing the ticket is a long shot unlikely to pay off.

  3. #3

    Default Re: Seatbelt Ticket when I Honestly Did Have My Seatbelt on - How to Prove

    Was the seatbelt a 2 part seatbelt??? If it was you can be cited for not wearing a seatbelt if it is not worn properly.
    This can be found in the motor carriers guide. you can also check under the code to get the proper reference.
    I had this happen in the state of IN.
    It should not be a moving violation so you may be better off paying the small fine to get your license back.
    I am not in the legal field but i was cited for improper wear of a seatbelt with a vehicle that had type 2 seatbelt. the lap belt worked but the shoulder restraint did not work.

  4. #4
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Seatbelt Ticket when I Honestly Did Have My Seatbelt on - How to Prove

    It was a 2 part seatbelt, but I was wearing it properly. I was at a red light, bending over to get a piece of gum from the console area, and he was turning onto the road from the perpendicular roadway and made a claim that he saw me without a seatbelt on while he was turning.

    If the cop wins by default in a he said she said case then I need to start writing my congressman. That is a complete abuse of power.

    If they 'charge' me dont they carry the burden of having to prove I didn't have my seatbelt on? He was not in close proximity. He was not traveling in the same direction. I was bending over at the time he would have been able to see me. His view could have easily been obstructed.

    There are no witnesses. He has no case other than he has a badge and I dont. (again that's bs if it comes down to a default judgment for the guy wearing a badge)

    Is there a way I can make a request for records. (I'd like to find out if he has any disciplinary action on the job to prove he's made mistakes before.) -- Seems like my only defense if judgment is awarded by default to the person with a badge in a he said she said situation.

    At this point I dont care about the money. I'm not going to let the system bully innocent people!

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