Seatbelt Ticket in My Jobs Parking Lot

[Urfavperson10]

My question involves a traffic ticket from the state of: North Carolina
I was on my way to work and i was the police car next to me and it was a unmarked vehicle but i saw all his lights which made me know he was one. 4 mins later when i was close to my job he forced himself behind me and kept up with me i turn into my jobs parking area (which is like a shopping center) i take my seatbelt off and he follows also and turn his light on. I pull over and he comes up and i dont have a license but a permit and he never said what made him pull me over but he saw i hd no seatbelt And told him i was going to my work which is right there he said to give him a sec and went back to his car, he came back and gave me a citation for no seatbelt and no license
My things Is i dont know why no seatbelt if im not on public highway no more im in my jobs shopping center and he never mentioned what was his reason to stop me only that he saw i had no seatbelt and gave me that. no license i get im trying to get it so that might be excused when i get it and im pretty sure my shopping center is private property which i work at so could this be a unlawful ticket?? Anything helps thanks

[flyingron]

Once you have stopped in a parking lot on your own, he doesn't need a reason to approach you. You can certainly argue the seat belt violation in court (if you didn't remove it until after you parked), but that is a minor one with only a small fine ($179) and no license or insurance points. I'm not sure why you're getting wrapped around the axle on that The bigger issue is that you were driving without a license. That's a MISDEMEANOR. You could go to jail (unlikely). I'd recommend you talk to your attorney.

You're wrong about parking lots and private property in this state. The seat belt (and other laws) apply there. The term street/highway in the statute applies to anything that is OPEN TO THE PUBLIC for the purpose of movement of vehicles.
Private roads and parking lots indeed are covered if they are open to the public.

Note that there's nothing you've said here that makes the issuance of the tickets UNLAWFUL. Just because you are innocent doesn't make the issuance unlawful.

[PayrolGuy]

I'm sure the officer will be able to verbilze probable cause to have pulled you over. The Supreme Court has made that very easy.

The seatbelt ticket is the least of your problems. You have been charged with a Class 3 misdemeanor. You need a lawyer.

§ 20-35. Penalties for violating Article; defense to driving without a license.

(a) Penalty. - Except as otherwise provided in subsection (a1) or (a2) of this section, a violation of this Article is a Class 2 misdemeanor unless a statute in the Article sets a different punishment for the violation. If a statute in this Article sets a different punishment for a violation of the Article, the different punishment applies.

(a1) The following offenses are Class 3 misdemeanors:

(1) Failure to obtain a license before driving a motor vehicle, in violation of G.S. 20-7(a).

(2) Failure to comply with license restrictions, in violation of G.S. 20-7(e).

(3) Permitting a motor vehicle owned by the person to be operated by an unlicensed person, in violation of G.S. 20-34.

(a2) A person who does any of the following is responsible for an infraction:

(1) Fails to carry a valid license while driving a motor vehicle, in violation of G.S. 20-7(a).

(2) Operates a motor vehicle with an expired license, in violation of G.S. 20-7(f).

(3) Fails to notify the Division of an address change for a drivers license within 60 days after the change occurs, in violation of G.S. 20-7.1.

(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 4.

(c) Defenses. - A person may not be found responsible for failing to carry a regular drivers license if, when tried for that offense, the person produces in court a regular drivers license issued to the person that was valid when the person was charged with the offense. A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person shows all the following:

(1) That, at the time of the offense, the person had an expired license.

(2) The person renewed the expired license within 30 days after it expired and now has a drivers license.

(3) The person could not have been charged with driving without a license if the person had the renewed license when charged with the offense. (1935, c. 52, s. 29; 1991, c. 726, s. 14; 1993, c. 539, s. 324; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 4; 2013-360, s. 18B.14(g); 2013-385, s. 4.)

[flyingron]

I'm sure the officer will be able to verbilze probable cause to have pulled you over. The Supreme Court has made that very easy.

That is true, but he doesn't even need a reason in this case. UrFav was already stopped. This is a consensual stop. The officer doesn't even need to have a reason to approach him.

[PayrolGuy]

That is true, but he doesn't even need a reason in this case. UrFav was already stopped. This is a consensual stop. The officer doesn't even need to have a reason to approach him.

The OP wrote...

"...i take my seatbelt off and he follows also and turn his light on. I pull over ..."

He was no longer in the road but it doesn't sound like he had stopped yet.

[adjusterjack]

He also took his seatbelt off while the car was moving. The officer didn't light him up until then.

[PayrolGuy]

§ 20-135.2A. (See Editor's note) Seat belt use mandatory.
(a) Except as otherwise provided in G.S. 20-137.1, each occupant of a motor vehicle manufactured with seat belts shall have a seatbelt properly fastened about his or her body at all times when the vehicle is in forward motion on a street or highway in this State.

[flyingron]

OK, I was wrong about the nature of the stop, PG's point is valid.

Street or Highway includes private property and parking lots in North Carolina. All that matters is it is open to public for vehicular traffic.

[Urfavperson10]

Once you have stopped in a parking lot on your own, he doesn't need a reason to approach you. You can certainly argue the seat belt violation in court (if you didn't remove it until after you parked), but that is a minor one with only a small fine ($179) and no license or insurance points. I'm not sure why you're getting wrapped around the axle on that The bigger issue is that you were driving without a license. That's a MISDEMEANOR. You could go to jail (unlikely). I'd recommend you talk to your attorney.

You're wrong about parking lots and private property in this state. The seat belt (and other laws) apply there. The term street/highway in the statute applies to anything that is OPEN TO THE PUBLIC for the purpose of movement of vehicles.
Private roads and parking lots indeed are covered if they are open to the public.

Note that there's nothing you've said here that makes the issuance of the tickets UNLAWFUL. Just because you are innocent doesn't make the issuance unlawful.

I have a drivers permit i dont have a drivers license i still have something that allows me to drive, and im just asking for info im not saying it is so no need to get all rattled up, never did i say i was innocent im just her to question and get some answer. Thank you for the info about parking lots now i know

The officer turned his lights on turning into the parking lot as i was also clicking my seatbelt off

[PayrolGuy]

I have a drivers permit i dont have a drivers license i still have something that allows me to drive, and im just asking for info im not saying it is so no need to get all rattled up, never did i say i was innocent im just her to question and get some answer. Thank you for the info about parking lots now i know

The officer turned his lights on turning into the parking lot as i was also clicking my seatbelt off

You have a permit (at least for now) that allows you to drive with a licensed driver in the car.

As has been mentioned above you need to be less worried about the seatbelt ticket and more concerned with the no license ticket. It is a misdemeanor (criminal) offense and may well stop you from getting a real license.