No seatbelt in back seat.

[Diageo]

Good evening,

I was on vacation in San Diego, California and received a ticket for not wearing a seatbelt in the back seat. I am from Virginia where being 18 or older one has free will to chose to wear a seatbelt if in the back seat at his own discretion.

On August 7 my friend was at a red light at a complete stop playing with the radio. Something made him think the light turned green and he ran the red light, we were pulled over soon after. Once the officer spoke with my friend for about a 2 minutes he shined his light in the backseat and noticed I was not wearing a seatbelt where he proceeded to ask for my identification. I replied that it is not law in the state I reside and I did not know what he was talking about. I did not say anything else to him, instead gave him my ID. My friend has an SUV with tinted windows to the legal limit. I know for a fact that he did not know I was not wearing a seat belt until he shined the light on me. This means that for all he knows, I could have had the seat belt on and taken it off in between the time my friend put the car in park and the time he shined his light on me.

The fine for not wearing a seatbelt in the front seat in Virginia is $25, keep in mind that someone cannot get pulled over for not wearing a seatbelt initially. In order to get fined for a no seatbelt, one has to be pulled over for another reason first. The fine for not wearing a seat belt in the back seat in California, $160.

This is a very unreasonable fine. My options are to pay the fine (bail forfeiture) or to plead not guilty and request a written trial since I live outside the state. I would appreciate any guidance on how to get out of this or to drastically reduce the fine to a reasonable amount. Thanks.

 

[davew128]

What makes you think being from VA has any relevance to getting a ticket in San Diego? Your friend should be grateful he didn't get a ticket for the tinted windows.

 

[Diageo]

I don't think getting a ticket in San Diego has relevance to getting a ticket in VA. I was just stating the obvious difference between the state laws. And if you carefully read what I wrote in regards to the tint, you would have not written your batty comment on it.

If you do not have anything to constructive to add to the topic, please don't post.

 

[CSO286]

Good evening,

I was on vacation in San Diego, California and received a ticket for not wearing a seatbelt in the back seat. I am from Virginia where being 18 or older one has free will to chose to wear a seatbelt if in the back seat at his own discretion.

VA law is not relvant to a CA issue. Ignorance of the law is no excuse.

On August 7 my friend was at a red light at a complete stop playing with the radio. Something made him think the light turned green and he ran the red light, we were pulled over soon after. Once the officer spoke with my friend for about a 2 minutes he shined his light in the backseat and noticed I was not wearing a seatbelt where he proceeded to ask for my identification. I replied that it is not law in the state I reside and I did not know what he was talking about. I did not say anything else to him, instead gave him my ID. My friend has an SUV with tinted windows to the legal limit. I know for a fact that he did not know I was not wearing a seat belt until he shined the light on me. This means that for all he knows, I could have had the seat belt on and taken it off in between the time my friend put the car in park and the time he shined his light on me.

But at the very moment when the office looked at you, you were in violation of CA law. Therefore--ticket.

The fine for not wearing a seatbelt in the front seat in Virginia is $25, keep in mind that someone cannot get pulled over for not wearing a seatbelt initially. In order to get fined for a no seatbelt, one has to be pulled over for another reason first. The fine for not wearing a seat belt in the back seat in California, $160.

Have you heard about CA's budget? They are generating revenue any way they can right now.

This is a very unreasonable fine.

To you, maybe. But it's tens of thousands less than you would have to pay had you been in an accident and ejected from the vehicle for failure to wear said seat belt.

My options are to pay the fine (bail forfeiture) or to plead not guilty and request a written trial since I live outside the state. I would appreciate any guidance on how to get out of this or to drastically reduce the fine to a reasonable amount. Thanks.

Pay the fine. You don't have any valid argument against it.

 

[xylene]

This is a very unreasonable fine.

Don't like unreasonable laws. Stay out of the Nanny State of California. I do.

I know that isn't what you want to hear. Sorry.

 

[Zigner]

If you WERE wearing your seatbelt, then fight the ticket. However, you ADMIT that you weren't, so why the whining?

 

[davew128]

I don't think getting a ticket in San Diego has relevance to getting a ticket in VA. I was just stating the obvious difference between the state laws.

Irrelevant in its entirety.

And if you carefully read what I wrote in regards to the tint, you would have not written your batty comment on it.

If you had read mine, you would have realized that the tint was illegal.

If you do not have anything to constructive to add to the topic, please don't post.

Request denied.

 

[CdwJava]

The fact that the fine might be $25 in VA is not going to be relevant out here. In addition to citing the passenger, the officer could also have cited the driver because you were not wearing your belt.

You can have your trial by written declaration and hope that the officer does not respond (unlikely, but possible). If so, you will win. Otherwise, it would seem that you are guilty and will have to pay the fine.

 

[Zigner]

If you had read mine, you would have realized that the tint was illegal.

My Suburban has very dark tinting from the factory...and it's fully legal. You don't have enough information to make a determination on whether the tint is legal or not.

 

[Antigone*]

Welcome to California

 

[Diageo]

Thanks for the info guys. Too bad California is a nanny state. I would really consider moving there if they could get their house in order, but then again I have a better chance of winning the lottery.

I am going to try and fight the ticket in writing. I think it is worth the $160 to take that chance.

 

[justalayman]

=Diageo;2892086]I don't think getting a ticket in San Diego has relevance to getting a ticket in VA. I was just stating the obvious difference between the state laws.

yes, we are quite aware that each state has their own laws and they often differ.

What was your point of including that again?

This means that for all he knows, I could have had the seat belt on and taken it off in between the time my friend put the car in park and the time he shined his light on me.

but that would make no sense after you had just said:

I replied that it is not law in the state I reside and I did not know what he was talking about.

translated: I know I'm not wearing a seatbelt. I was not aware it was a requirement in this state. In my resident state, it is not a requirement and had not given any thought to the possibility it was different in this state. I apologize and if you could see your way clear, I would really appreciate a warning rather than a ticket as I promise, now that I am educated, I will never travel without a seatbelt while in this state again.

And if you carefully read what I wrote in regards to the tint, you would have not written your batty comment on it.

what does the tinted windows have to do with anything? He didn't stop your friend for a seatbelt violation so the ticket as a secondary violation is legit.

 

[CdwJava]

what does the tinted windows have to do with anything? He didn't stop your friend for a seatbelt violation so the ticket as a secondary violation is legit.

And in CA seatbelt violations can be primary violations. In other words, out here we do not need to stop for another offense before citing for seatbelts. In fact, the state and NHTSA provide mini-grants to encourage "Click-it-or-ticket" enforcement solely for seatbelt violators.