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argueable police stop?

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instanceoftime

Junior Member
What is the name of your state? Washington State

day in question: Heading south on city street (Spokane Valley WA), turned into work parking lot and parked, fiddled around in my car for 1/2 minute, got out and started chatting with co-worker parked next to me. Next thing I know, an officer speaks behind me and asks why I wasn't wearing my seat belt.

1st. problem: I had already exited my vehicle.
2nd problem: Witnesses say he pulled in 20-30 seconds after I already parked.
3rd problem: At no time did he use any siren, lights...etc..
4th: (state patrol) wrote me up under 46.61.688. Now I have been told he should have sighted me under city/county stature instead of state.

state of wa or a county thereof may not enforce a state statute or county ordinance where parallel municipal ordinance exist.

do I have any grounds here? (not to mention on his report he decided not to note my shirt color (black) or also the seat belt color for that matter). He "saw" me as I drove 35mph and he sat in a parking lot 50' away with the morning sun (sept) glaring off my driver window at 9:30am with my black shirt on with a black interior and a black seat belt.)
 


racer72

Senior Member
1. Immaterial. Has no bearing on whether the citation is valid or legal.

2. Immaterial. Has no bearing on whether the citation is valid or legal.

3. Immaterial. Has no bearing on whether the citation is valid or legal.

4. Wrong. I don't know where your statement came from but the WSP only writes citations based on state statutes. And no county, city, or municipal government entity can pass a law the overrides the laws and statutes of the state of Washington unless given permission within the text of the statute. The statute you were cited under does not have this exemption. That means any local laws or ordianances concerning the used of seat belts automatically reverts to the state statute. Nothing else in your posts suggests the officer did anything wrong that would warrant dismissal of the citation. I would suggest talking to a local attorney if you want to fight the citation. I have seen the video used by the WSP during training concerning enforcement of the seat belt laws. The color of the seat belt and clothing worn by vehicle occupants is way down on the list of ways to determine if someone is wearing a seatbelt. Without having access to the officer's report, I would bet he made his determination using one of the other methods.
 
S

seniorjudge

Guest
All the government will have to prove is that you did not wear your safety belt while operating a motor vehicle.

All your objections to getting this ticket are irrelevant.
 

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