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  1. #1
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    Jul 2012
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    4

    Default Seat Belt Ticket Issued to a Passenger Who Was Wearing a Seat Belt

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

    Me and my friend are driving and I'm on the passenger seat. We are in a tiny car (2 door-smart car). A State trooper pulls us over and says that the driver and the passenger (me) didn't have their seatbelt on. It was obvious he couldn't see through the car. The driver explains to the police officer that, I put on the seatbelt, when I saw you, but the reason I didn't have it on is because I had surgery last week. Than he goes on and explains that the passenger (me) had his seatbelt on since he got in the car. I tell him, sir you can check your camera and check if I had it on, I swear to God, he says the camera doesn't point inside the car (exactly why we have corrupt cops, they believe them without any proof). Plus we look like "PUNK KIDS", my friend had plugs in his ears and I had earrings. I hate how people judge you from your looks. Me and the driver graduated from high school, on the top of our class, we just don't look "nerdy". He refuses to believe both of us and says I want to see both of yours drivers license. I simply say, I do not have a drivers license but I have an expired ID (immigration problems occurred last year for me and I am unable to renew it, until my immigration case goes on). I AM 17 years old. He says it doesn't matter, just give me any type of identification. Now the thing is, since I am not a US citizen, I always wanted to keep my record clean. My dad's friend is a police officer and I explained him the situation, I told him I have no Drivers license, he is like thats a big benefit, because without a drivers license, it can't go on your driving record because you don't have one, is that true?

    PLEASE ANSWER THESE QUESTIONS:
    If I pay for the ticket, which is not a problem for me, will it be off my record? If they just want the money, I'll give it to them. But if it stays on my record, there's no point.
    If i fight this ticket, will their be a problem because I have an expired ID? Can I just show them my school ID? I recently graduated High School. I also have a Social Security Number. (My immigration file is so messed up, I have a social security number but not an ID, I KNOW -_-)

    Thanks you guys! I'm just so scared...I really disappointed my parents. Don't know what to do.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Seatbelt Ticket on Passenger Seat, Had Seatbelt on and More

    I take it he didn't write you up for no driver's license. If so you have dodged a major bullet.
    I'm not sure what you're worried about. Even if you had a driver's license, a seat belt violation isn't going to amount to much. It will show on your driving record for a couple of years, but it's not a criminal conviction that's going to show up in background checks, etc...

  3. #3
    Join Date
    Jul 2012
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    4

    Default Re: Seatbelt Ticket on Passenger Seat, Had Seatbelt on and More

    I wasn't driving though! did you read the thing? Legally, i don't even need a drivers license...because i wasn't driving lol. Should i fight it? the driver can be my witness?

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: Seatbelt Ticket on Passenger Seat, Had Seatbelt on and More

    If you weren't driving, it's not going on any sort of record (whether you had a license or not). Your driver will not be a credible witness.

  5. #5
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    Jan 2012
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    Tacoma, WA
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    Default Re: Seatbelt Ticket on Passenger Seat, Had Seatbelt on and More

    Quote Quoting Ko3r
    View Post
    I swear to God, he says the camera doesn't point inside the car (exactly why we have corrupt cops, they believe them without any proof).
    So, you believe a cop is "corrupt" because a camera mounted behind his windshield cannot defy the laws of physics and record a clear view of the interior of your "tiny car?" The cop can turn his head and shift the direction he is focusing his eyes...the camera sees straight ahead. Based on THAT you feel free to impugn his personal and professional ethics and character? Then, in the very next statement, you want to take HIM to task for being judgmental??? While you were graduating "on the top of our class" (your grammatical error makes that sound somewhat pornographic), did the word "hypocrite" enter your vocabulary?

    Quote Quoting Ko3r
    View Post
    Plus we look like "PUNK KIDS", my friend had plugs in his ears and I had earrings. I hate how people judge you from your looks.
    Hate it all you want, but get used to it, kid. It's human nature and it aint going away. It's not just white, male, bigoted, red neck, cops. It's HUMAN nature and everyone does it, regardless of age, race, religion, gender, economic demographic, political affiliation, or sexual orientation. Deny it all you want, YOU do it too (as you proved with the statement above). You go into a bank. Standing next to a desk is a man in a suit and tie and another wearing paint spattered jeans...which do you assume is the banker and which is the customer looking for a loan? You are walking down the street and see a group of young men in their late teens or early twenties, sporting the "thug" look and all wearing some article of clothing in red...do you assume they are Mormon missionaries or do you feel a twinge of nervousness and avoid crossing their path? We all make judgments and assessments based on the appearance people chose to display. There are people (apparently including your hypocritical self) who see a person wearing a sharply creased uniform, displaying a shiny badge, with well shined shoes and accoutrements...and immediately assume he/she is a wannabe gestapo thug on a power trip just itching to find someone to shoot or at least beat the crap out of.

    You chose how you wanted to appear to others and intentionally cultivated that appearance. You chose an appearance that is avant-garde, edgy, and anti-establishment. You chose to look that way, so own it! Don't get all hypocritically righteous when a cop, who is quite likely to be traditional and pro-establishment in his/her outlook (traits that our society actually insists on from a police officer!) , doesn't perceive your appearance as evidence of your respectability. Be glad that you have immigrated to a country where you are free to express and display your personal choices. Forget the rings and plugs your chose to put in your body, try just wearing a t-shirt that says "Christian Youth Basketball" on the streets of Saudi Arabia or Yemen. But, the flip side of that freedom is that others are also free to disapprove of your display.

    In spite of his admittedly judgmental label that you were "punk kids," nothing you have said indicates that this cop was discriminatory or unreasonable in his dealings with you. He saw (correctly) that the driver wasn't wearing his seatbelt and perceived that you were not either. He saw (correctly) the driver duplicitously put the seatbelt on as the officer approached the car and presumed that you had done so as well. And, he cited you both for the violation that he very reasonably perceived you had committed.

    The fact that you do not have a current form of state identification isn't going to even come up with the court. You are not legally required to have a state issued identification. Therefore, it is irrelevant. You were not cited as the driver. So, even if you are found guilty, it isn't going to go on your driving record. It is an infraction violation. So, there will be no criminal record, either. Nothing about this charge will affect your immigration status in any way. There is no reason for your parents to be disappointed in you because you claim that you did not commit the violation. You can chose to pay the fine (with no other noteworthy consequences) or you can chose to contest it and hope that the judge finds your claims of innocence credible.

  6. #6
    Join Date
    Jul 2012
    Posts
    4

    Default Re: Seatbelt Ticket on Passenger Seat, Had Seatbelt on and More

    I love your response, but seriously you went to over board and i decided to skip to the bottom, where the real answers are. My grammar is wrong? I seriously don't care, I'm not writing a English Essay. Yes the cop is corrupt, because clearly, there is no way he can prove I didn't have my seatbelt on. In other words, I can be a cop, see a person I don't like, Oh, pull him over for not wearing a seatbelt. The court is going to believe me because I'm a cop. Seriously think about it, this past week, I saw two cops on two different days, pass a stop sign, they didn't even bother to stop. I don't judge people. If I'm going to a job interview and I have tattoos all over my arms, and the interviewer says, sorry you cannot have this job because of your tattoos, than that is not the place for me; I wouldn't work at a place where they judge you by your looks not your work. Seriously. Oh just to add, I got the ticket on June 30th, 2012; the end of the month. A cop is supposed to give a certain amount of tickets or they get a strike. It's so obvious he was so corrupt, he wasn't talking in a kindly manner. He said "don't play that game with me, you have a white shirt on and the belt is black, how would I not see it". He is obviously blind. Just to add "top of the class", I graduated as rank #91 out of #812 and the driver graduated #51 out of #812. Not exactly top, but smarter than most people, for example the stupid cop. No offense to you sir. I'm really happy I immigrated to this country, it wasn't my decision though. I was about to me born in New Jersey, but long story short, mom left 2 months before I was about to be born; and problems started. I love America, just hope it loves me back. Thanks for answering my questions, really appreciate it. So you saying, if I pay the fine; there will be no record? Basically, it won't pop up on my background check?

  7. #7
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    Jan 2012
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    Default Re: Seatbelt Ticket on Passenger Seat, Had Seatbelt on and More

    Quote Quoting Ko3r
    View Post
    Yes the cop is corrupt, because clearly, there is no way he can prove I didn't have my seatbelt on...Seriously think about it, this past week, I saw two cops on two different days, pass a stop sign, they didn't even bother to stop.
    Then, by your own logic, you are also corrupt because "clearly, there is no way" you can "prove" those two cops passed a stop sign. You don't have it on video, you have no corroborating witnesses, you have no forensic evidence...all you did was see it with your own eyes. And, obviously, basing an accusation on personal observation of the accused act is corruption.

    And, no, I didn't say there would be no record. What I said was that it would not go on your driving record or a criminal history record. But, of course, there is a record of anything involving the courts. Would someone conducting a background check on you see it? That depends on how diligent of a check they have the ability and interest in conducting. This charge will not affect your immigration, ability to get a driver's license, a job, student loans, etc...unless you lie about it or try to conceal it and are found out.

    Good luck, kid...not just with this situation, but with your whole life considering your attitute.

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
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    Default Re: Seatbelt Ticket on Passenger Seat, Had Seatbelt on and More

    Without a license, I don't see how they can win a no seat belt case ... you never contracted to agree to the MV code ... you're just traveling around ... I would fight the ticket.

    And yes, cops do have quotas ... anyone who tells you different is not telling you the absolute truth.

  9. #9
    Join Date
    Jul 2012
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    4

    Default Re: Seatbelt Ticket on Passenger Seat, Had Seatbelt on and More

    There were about 15 of us playing on a school ground, when we saw the cop pass a stop sign. Oh also the dash cam of the cop.

    Thanks so much, really appreciate it!

  10. #10
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    Jan 2012
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    Tacoma, WA
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    Default Re: Seatbelt Ticket on Passenger Seat, Had Seatbelt on and More

    Lol. Ok, you're too smart for me.

    Again, good luck to ya!

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