no seat belt in parking lot

[iamuniz]

What is the name of your state (only U.S. law)? California
My 17 yr old son was given a no seat belt ticket in the parking lot of a jack in the box. He was a passenger in the vehicle. He took his seat beat off to get his money out of his back pocket. It was 3:30 am and they were going through the drive thru. There was a ChP parked in the parking lot. When they saw him without his seatbelt they flashed their lights and walked over to the car. The chp officer was eating when he walked up to the car. The ticket was given under vehicle code 27315 (E). which states any passenger 16 yrs or older must have his seat belt on while on the highway. Do i fight the ticket or just pay it?

 

[CdwJava]

Unless the officer saw them pull IN to the parking lot without his seatbelt on, then the section does not apply. I suspect the officer made the observation as they pulled in. In any event, he will know when he goes to court. He can also request a copy of any notes prepared by the officer through informal discovery before court. The officer's notes might contain the information as to when he observed your son.

 

[asiny]

Unless the officer saw them pull IN to the parking lot without his seatbelt on, then the section does not apply. I suspect the officer made the observation as they pulled in. In any event, he will know when he goes to court. He can also request a copy of any notes prepared by the officer through informal discovery before court. The officer's notes might contain the information as to when he observed your son.

Never to be one to argue with CdwJava- If I am incorrect, please tell me. But if the driver was not parking, and was in a drive-through with the vehicle in operation, wouldn't the passenger violation stand regardless of if the officer observed them prior to the drive-through window?

 

[CdwJava]

Never to be one to argue with CdwJava- If I am incorrect, please tell me. But if the driver was not parking, and was in a drive-through with the vehicle in operation, wouldn't the passenger violation stand regardless of if the officer observed them prior to the drive-through window?

The parking lot and drive-thru are not a "highway" and as such the seatbelt laws are generally not applicable. The officer would have to have seen the violation on a publicly maintained roadway for the violation to be valid.