Unlawful Citation?

[wbhowarth]

I was recently issued a traffic ticket in Illinois because my passenger was not wearing the lap section of the seatbelt. I have a '93 Ford that is equipped with automatic seatbelts. My friend had never sat in the car before, so when the shoulder strap was applied automatically, he did not think to buckle the lap belt. While waiting at a stoplight, my genius friend opened the car door and placed some trash on the street. A car pulled up behind mine and started laying on the horn, obviously offend by my friends littering. So the friend opened the door and took the trash back in. He flipped off the other driver and we drove away. About a minute later we noticed he was following us. He followed us for about five minutes before pulling up next to us and notifying us he was calling the police. About two minutes later the police pulled us over. The cops hassled us for about forty-five minutes before issuing my friend and I a seatbelt violation ticket, as my friend was not wearing the lap belt.

Now, as I understand, a driver must commit a traffic violation for a state or local police officer to pull the driver over. The police saw me commit no violation. They only had one man's testimony. Is this reason enough to pull me over, and if it isn't, could I use this to have my case dismissed?

[efflandt]

One of our former governors once commented that the people of IL treat the state as a garbage dump. That may be true, but littering is illegal. What makes you think you can only be stopped for "traffic" violations?

You as the driver are responsible for the safety (or illegalities) of your passengers. The shoulder belt alone is not really safe.

[wbhowarth]

I understand that, but it still doesn't answer my questions.

[racer72]

Now, as I understand, a driver must commit a traffic violation for a state or local police officer to pull the driver over

Nope, probable cause is another reason. Littering and hand signals are enough. Also, Illinois' seat belt law is labeled as a primary offense, this means drivers can be stopped for violating this law alone.

The police saw me commit no violation.

Irrelevent, you were not cited for any of the violations he did not witness.

They only had one man's testimony. Is this reason enough to pull me over, and if it isn't, could I use this to have my case dismissed?

Why would the officer waste his time giving you a ticket that could be easily dismissed? The information supplied by the other motorist was more that enough reason for the stop.