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  1. #1
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    Jul 2008
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    Default Seat Belt Violation In Washington

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

    The WSP had a trap set up near the boat races today with a cruiser under an overpass.

    The officer claimed he could see that my seat belt was not in place as I drove 60 mph past him. This seems ludicrous to me; try doing it yourself while standing next to a highway. He at no time claims to have viewed my seat belt unlatched in any kind of a credible viewing circumstance.

    When the officer finally stopped me he agreed that I and the two kids in the back seat were properly belted/child seat.

    I believe I know what happened -- there is a missing piece of trim on the belt assembly with a shiny piece of metal underneath. I think he saw the metal and concluded it was the seat belt latch.

    How should I proceed? Definitely I will contest it -- should this be the usual court date or shall I try a "Trial by Declaration"? I could include photos of the metal piece I am talking about. Also plan to mention the impossibility of reliably ascertaining the seat belt status of a car going by you at 60 mph.

    Thank you.

  2. #2
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    Default Re: Seat Belt Violation In Washington

    Meant to add that the officer oddly checked "Other" under exempt vehicle. Ask for dismissal based on that?

  3. #3
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    Default Re: Seat Belt Violation In Washington

    Also, I see that a finding of violation shall not be available to insurers, but does remain in the "driver's abstract".

    I really don't want even this when my driver's record is clean and I don't feel the officer can prove the case with a preponderance of the evidence.

  4. #4
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    Default Re: Seat Belt Violation In Washington

    Quote Quoting stevektm125
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    Meant to add that the officer oddly checked "Other" under exempt vehicle. Ask for dismissal based on that?
    Has anyone else received a Washington infraction with exempt-other checked on the ticket for no obvious reason? It is clearly checked -- would seem to make the ticket insufficient and call into question the Trooper's ability to make accurate notes.

  5. #5
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    Jul 2008
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    Default Re: Seat Belt Violation In Washington

    The prosecutor did provide the discovery so I can't ask for a dismissal based on that.

  6. #6
    Join Date
    Jul 2008
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    Default Re: Seat Belt Violation In Washington

    Well, not too many replies here but I did win the case.

    Judge stopped me after introducing second page of photographs. Said he'd save me the time -- found "did not commit".

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