Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Apr 2013
    Posts
    4

    Default Can You Beat a Seat Belt Ticket by Claiming the Officer Couldn't Have Seen You

    My question involves a traffic ticket from the state of: North Carolina

    I was written a ticket for GS 20-135.2A. When I was pulled over, I was driving a large truck, and it was well after sunset. After I parked, I unfastened the seat belt because I cannot access the license and registration in the glove box with it fastened; this was a mistake. When speaking with the officer, I made sure not to admit to anything, but did not deny the allegation, merely replying "I see" when he brought up the belt. The rest was idle chatter as to my address, where I was headed, whether I consumed alcohol &c i.e. nothing related to the ticket.

    I am unfamiliar with actually hashing things out in court. A friend said to speak with the assistant district attorney assigned to the case, but I am not sure how to determine who that is.

    Now for the laundry list:
    -The defence I had in mind was that the officer could not have ascertained whether a seat belt was properly used or not because of the vehicle height and the visibility at night, and after I had stopped i.e. the vehicle was not "in forward motion", I was not required to wear the seat belt pursuant to the statue. Does this, in your opinion, hold water? Do you have in mind a better defence?
    -If I were to appear in court and be found guilty, will that cost me an additional amount? Court costs are already being added to the fine, so I would think not, but one never knows.
    -Finally, do you think it is worth a go to ask the ticketing officer &/or the ADA to drop the ticket?

    The last ticket I had was about three, four years ago in West Virginia for a headlight.

    Thank you for your input in this matter.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to Approach This Ticket

    Umm...there's no such statute (anymore).

    In NC there's no penalty other than wasting your time to go to court. You can certainly make your comment that you unfastened after you stopped to get the paperwork. It's hard to predict if the judge will buy this.

    At least there are no points associated with this. The most you'll be out is the fine/costs.

  3. #3
    Join Date
    Apr 2013
    Posts
    4

    Default Re: How to Approach This Ticket

    I'm terribly sorry; I made a typo.

    It was 20-135.2A

  4. #4
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: How to Approach This Ticket

    What was the reason for the original stop? If the cop stopped you for the seatbelt violation, it is going to be pretty hard to argue that you only removed it after you stopped. If the stop was for something else, and the seatbelt violation was only noted after the cop was at your window, it will be a crap shoot as to whether the judge will buy it. As previously pointed out, you don’t have much to lose but time by giving it a shot.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to Approach This Ticket

    Yep, NC is one of the states where it's explicitly allowed to make stops because people aren't belted (other states prohibits stops for this reason alone). This usually is done because the cop wants to use the belt violation stop to fish for other crimes (DUI usually).

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Approach This Ticket

    Quote Quoting Omicron
    View Post
    I'm terribly sorry; I made a typo.

    It was 20-135.2A
    No points, just a fine, doesn't affect your insurance or your driving record.

    If you are willing to spend your time in court to fight it, win or lose, you'll have the satisfaction of making the cop and the judge waste their time sitting through your defense.

    I'm sure that they won't be happy seeing somebody plead not guilty.

    But if more people did plead not guilty maybe the cops would think twice about handing out seatbelt tickets when there's no other violation involved.

  7. #7
    Join Date
    Apr 2013
    Posts
    4

    Default Re: How to Approach This Ticket

    Thank you for your replies thus far.

    I am not looking to vex anyone, I'm just trying to maximise the odds of either a dismissal before the court date, or a ruling of "not guilty". $160 is nothing to sneeze at, but it certainly is not the end of all things. If I would be paying for court costs anyway, I have nothing to lose by showing up...maybe the judge will be in a good mood, who knows?

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Approach This Ticket

    Quote Quoting Omicron
    View Post
    Thank you for your replies thus far.

    I am not looking to vex anyone, I'm just trying to maximise the odds of either a dismissal before the court date, or a ruling of "not guilty". $160 is nothing to sneeze at, but it certainly is not the end of all things. If I would be paying for court costs anyway, I have nothing to lose by showing up...maybe the judge will be in a good mood, who knows?
    It's unlikely that you'll get a dismissal before the court date. Things just don't happen that way.

    You'll have to plead not guilty and go to court.

    Once you get to court it's possible that the prosecutor will offer you a plea, maybe reduce the cost to avoid taking up the court's time.

    If not, you're there anyway so make them work for it.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to Approach This Ticket

    You're not going to get a dismissal before trial. Just isn't even going to be considered. You can plead your case in court. As I stated earlier, it cost you nothing other than wasting a morning at the courthouse to do so. Who knows, you might get lucky. As pointed out, minimal fine, no points, there's really not much to lose (or win).

  10. #10
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Can You Beat a Seat Belt Ticket by Claiming the Officer Couldn't Have Seen You

    Quote Quoting Omicron
    View Post
    When speaking with the officer, I made sure not to admit to anything
    What would you admit to though? I mean if you had your seat belt on until after you had stopped i.e. the vehicle was not "in forward motion"... right?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Seat Belt Violations: Seat Belt Ticket Issued to a Passenger Who Was Wearing a Seat Belt
    By Ko3r in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 07-02-2012, 07:02 AM
  2. Seat Belt Violations: Seat Belt Ticket Given While Wearing Seat Belt
    By iggy18 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 05-29-2012, 12:42 PM
  3. Seat Belt Violations: Received Seat Belt Ticket but Was Wearing a Seat Belt
    By hil in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 05-26-2011, 09:38 PM
  4. Seat Belt Violations: Seat Belt Ticket While Wearing My Seat Belt Properly
    By 4kevin in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 05-12-2011, 06:08 AM
  5. Seat Belt Violations: Recieved a Seat Belt Ticket but I Was Wearing Seat Belt, in NYC
    By grenzelope in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 05-09-2011, 08:29 AM
 
 
Sponsored Links

Legal Help, Information and Resources