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Ticket for not wearing seatbelt

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davinruiz

Guest
What is the name of your state? New York State, I was driving when I came up on what appered to be some sort of check point and various vehicles were stopped. I proceeded to stop and took off my seatbelt to retrieve my license from the glove compartment. The only ID I usually use is my military ID. When the officer approached me I showed him my license and he gave me a ticket for not wearing my seatbelt. I explained the situation and he said next time I should have waited until he saw me first before taking off my seatbelt. I don't think I should have to pay the ticket.
 


I AM ALWAYS LIABLE

Senior Member
davinruiz said:
What is the name of your state? New York State, I was driving when I came up on what appered to be some sort of check point and various vehicles were stopped. I proceeded to stop and took off my seatbelt to retrieve my license from the glove compartment. The only ID I usually use is my military ID. When the officer approached me I showed him my license and he gave me a ticket for not wearing my seatbelt. I explained the situation and he said next time I should have waited until he saw me first before taking off my seatbelt. I don't think I should have to pay the ticket.

My response:

Me either!

If I were you, I'd file a Writ of Habeas Corpus to the State Supreme court in Albany, and have that officer executed!

IAAL
 

HomeGuru

Senior Member
I disagree with IAAL.
The writer should file a Writ of Madamus Corpses with the Motor Vehicle Appelate Court.
 
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davinruiz

Guest
I'm not sure what you mean, but when I go to court for the ticket, should I choose to go to trial and will I be likely to win. What would a judge's view be on this case?
 

I AM ALWAYS LIABLE

Senior Member
davinruiz said:
I'm not sure what you mean, but when I go to court for the ticket, should I choose to go to trial and will I be likely to win. What would a judge's view be on this case?


My response:

Ah, finally!

Now we get the questions that were absent from the initial post.

You're not going to win. The officer saw you without a seatbelt. Pay the fine, go on with your life.

IAAL
 
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davinruiz

Guest
He did not see me driving without a seatbelt. He gave me a ticket for not wearing a seatbelt but I was wearing a seatbelt. Do they not care for the circumstances? Also how is a Writ of Habeas Corpus going to help? A habeas corpus petition is usually filed with a court by a person who objects to his own or another's detention or imprisonment. All he gave me was a ticket. I do not want to pay it be cause I believe the officer was wrong, so since I HAVE decided to fight it, how should I go about it?
 

I AM ALWAYS LIABLE

Senior Member
My response:

I'm still laughing!

Oh, please . . .

You can't be serious. We were just throwing legal jargon at you because you never asked a question in your initial post. We were kidding with you.

The fact is, you were driving. You drove up to the checkpoint, and you weren't wearing a seatbelt when the officer saw you. That's the fact. Whom do you think the judge is going to believe - - you or the officer?

Listen, if you're still compelled to fight this, buy a book on "Fighting Your Ticket" from one of the major bookstores.

IAAL
 
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davinruiz

Guest
Thanks for the advice. I think I'll take my chances anyways. You never know what will happen.
 

I AM ALWAYS LIABLE

Senior Member
davinruiz said:


"You never know what will happen."

========================================


My response:

Oh, yes I do. You're going nowhere fast with this one, and we don't have to be a psychic to predict that you'll being paying the fine.

YOU: But, your Honor, I WAS wearing my seatbelt!

JUDGE: Are you saying the officer was lying or blind?

YOU: Well, yes, I think he was blind.

JUDGE: Pay the clerk, or 5 days in jail, or 20 hours of "community service". Make your choice.

YOU: I'll pay the fine, your Honor.

JUDGE: Good. Next guilty person, er, next potention prisoner, er, whatever! Next!

IAAL
 
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davinruiz

Guest
Just out of curiosity, If I hired you as a lawyer would you take the case and how would you defend? Let's just pretend you would take the case. Also what kind of legal experience do you have that makes you qualified to give advice, If you don't mind me asking?
 

I AM ALWAYS LIABLE

Senior Member
davinruiz said:
Just out of curiosity, If I hired you as a lawyer would you take the case and how would you defend? Let's just pretend you would take the case. Also what kind of legal experience do you have that makes you qualified to give advice, If you don't mind me asking?

My response:

No, I wouldn't take your case. You wouldn't have the money I'd charge.

Click on the "profile" button, below.

IAAL
 
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davinruiz

Guest
The advice I'm seeking is on how to go about fighting this, but all of your advice on how this is a lost case has been helpful. Of course if I did have the money, since you are a professional, how would you fight it?
 

stephenk

Senior Member
you arent getting the point, soldier. when you were seen by the officer you were driving up to him and NOT wearing your seatbelt.

your argument that you took it off to get your ID out of the glove compartment is not supported by any evidence and EVIDENCE is what the judge needs to rule in your favor.

think of it this way. If every person who drove without a seatbelt on made the same argument you want to make. "i just removed the belt when i saw you walk up officer, or when i just drove up to you officer, or when i pulled over officer", NO ONE would be convicted of driving without a seatbelt. Sort of defeats the purpose of having the law, wont you agree.
 
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ProResearch

Guest
Sooowhat the legal boys are telling you is...... you can't prove what you said happened, so pay the fine.

If you could somehow prove that you had your seatbelt on (a witness or someone) prior to the officer coming up to your car, that might help. But since you cannot prove it, it's just simpler to pay the fine. Not fair, but legal.

I have a hard time with stuff like this too (and I work in a law firm) BUT........ that's the legal system for you.

"It's not what you know, it's what you can prove."
 

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