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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default A Seatbelt Ticket when Seatbelt Was Definitely On

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

    So my girlfriend and I met for lunch and afterward both went to our cars and headed out in the same direction on the service road. With one car in between us we both went into the u-turn lane to turnaround and head north. Traffic was unusually backed up and it became apparent that it was because of a sherriff's car parked on the curb underneath the pass. The sheriff was out of his car walking around and initially it seemed odd until he motioned to my girlfriend to roll down her window. He then said a few words and pointed her to the curb to pull over. I passed by and went up the road to turn around when she texted me to say she had been pulled for a seat belt violation but she was wearing it. The Sheriff of course would have none of it and insisted that she did not have it on and only put it on before she rolled down the window. What are her options here to fight this? I said goodbye at her car and saw her put the seatbelt on. I also saw that the sheriff was never closer then ten feet to her car before she rolled down the window. Her windows are legally tinted and there is no way to really see if she had the belt on or not from the distance I saw him at. I am not sure how much credibility I would get a witness but this seems clearly like a bogus ticket. Of the cars in line to make that U-Turn, her car was the oldest, most beat up and I am thinking (wondering) if that is why he picked her out. Any advice would be greatly appreciated. Thank you.

  2. #2
    Join Date
    Jun 2012
    Posts
    173

    Default Re: A Seatbelt Ticket when Seatbelt Was Definitely On

    Unfortunately, the procedure to fight your ticket bears about the same chances of winning as fighting any other traffic citation. Despite the fact that it'll be your word against the cop, beating the ticket isn't going to be very likely. Your best bet is to just set up a court date and make your case to the judge in the same way you've done here. Be honest and hopefully the judge will believe you. Good luck.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: A Seatbelt Ticket when Seatbelt Was Definitely On

    ask the cop : did the car have tinted windows? could you see through the windows from 10-20 ft? Could the driver or passenger have stopped the car and unbuckled w/o you seeing them so this from that distance?

    Reasonable doubt right there... ask a bunch of background questions .. question his vision, glasses, last time he was checked, education, etc.

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