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Pulled over for speeding, offered a ticket for no seatbelt as a "deal"??

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K

krazyjenni

Guest
What is the name of your state? NY

I was pulled over for speeding, going 58 in a 40 I believe. The officer and I got into a concersation about NASCAR racing due to the sticker's on my car. Also he had asked me where I was coming from, Albany I told him, he asked what was going on in Albany, I told him nothing that is where a group of us who met there and then drove down the NC for the races. We had a long conversation about driver's and tracks, ect.

He offered me what I thought was a deal but now I am not really sure. I was speeding and I new I would get a ticket for it but he offered to right me up for not wearing my seat belt which I was but I have no witness and no proof. Am I better off with this ticket?? I have never not worn a seatbelt but have been ticketed for speeding in the past. Can I fight this ticket or is it not worth it?? Can I fight it based on the fact that he offered me a deal??

Any advice is greatly appreciated.
 


qcxlvr1

Member
I'm guessing you were pulled over by a New York State Trooper. They are the only ones who I know do this "dealing" on the side of the road.

Technicially, what he did was improper. You are supposed to issue a summons for the offenses observed and then let the court sort it out. If you plead not guilty and state in court what happened, you may very well get it dismissed, HOWEVER, the officer can bring charges for speeding.
 

Labtec600

Member
Whats with you people crying when you get breaks?

Is the speeding written on the ticket as a warning and the seatbelt violation as the charge?

And QC an officer can give a break to people and not charge them with something.
 
K

krazyjenni

Guest
[Whats with you people crying when you get breaks?]

How would you know if I am crying or not. Was my question 'Is there anyone in here who can be rude to me please I really need it'?? I was asking some simple questions and you did not HAVE to answer. Ya it is a break but I still have a pretty decent fine. Yes I was lucky. I just had some questions. Sorry I somehow rubbed YOU the wrong way!! My questions were answered and that comment was totally unnessessary!!!!!!!!!!!!! :mad:
 
K

krazyjenni

Guest
qcxlvr1 said:
I'm guessing you were pulled over by a New York State Trooper. They are the only ones who I know do this "dealing" on the side of the road.

Technicially, what he did was improper. You are supposed to issue a summons for the offenses observed and then let the court sort it out. If you plead not guilty and state in court what happened, you may very well get it dismissed, HOWEVER, the officer can bring charges for speeding.
Thank you for answering I appreciate it. Whether or not he could still slam me for speeding was my only concern about fighting the seat belt issue and u cleared it up. Hey I still got a great break...decent :D
 

Labtec600

Member
Because you are looking for a way out of things.

"Can I fight it based on the fact that he offered me a deal"

He was nice enough to give you a HUGE break, and now you're criticizing him and trying to get out of it.

So dont waste peoples times, IE court, officers, YOURS by trying to fight it because you will lose and the court will probably also charge you with the speeding, if it was written on the ticket.
 
K

krazyjenni

Guest
There was absolutely no critism so go back and read what I wrote. I don't think u need to be worried about my time. If you are so worried about the waste of time stop wasting yours by replying when you have nothing important to say.
 

Labtec600

Member
You're thinking the deal he made you is wrong and you want to call him out on it. Critisim.

And I did give you advice, I told you to save yourself and not fight it.

But fine, go to court and fight it and see what happens.
 
K

krazyjenni

Guest
I asked which would be better speeding or seatbelt. I wasn't aware a seat belt ticket is a none moving violation and does not put points on my license nor does it go on my insirance. I am aware of this now. My THINKING he may have done me wrong is what it is THINKING. I didn't say that jerk is srying to screw me...no...I asked if the seat belt violation was just as bad.. That would make it a more of a question than a critism.

I am not going to fight it that is not what I said I asked if it was worth it and another member made me aware that it was not...before u posted I may add...therefor your comment was not needed b/c my question was answered. Also it was not worded in a very friendly way which I think it should have been in a public place such as this. I cannot help that people come here to whine about things...if it bothers u leave!!!!!!!!!! This is over now!!
 

Curt581

Senior Member
Labtec...

This is an excellent example of why I never give breaks like that anymore. I won't cut the MPH back, writing 15 over instead of the clocked 25 over. I won't give seatbelt tickets instead of moving violations. I don't give warnings anymore. None of that is worth the headache.

As was said earlier, I write what I see and let the courts work it out.

The driver you give a break to... is the one MOST likely to complain.
 

qcxlvr1

Member
Labtec600 said:
Whats with you people crying when you get breaks?

Is the speeding written on the ticket as a warning and the seatbelt violation as the charge?

And QC an officer can give a break to people and not charge them with something.
Please don't tell me what an officer can and can't do. I am well aware of what is permissible according to the New York State Vehicle and Traffic law. Technically, if the individual was in violation of VTL 1180 (speeding) and the officer wrote for VTL 1229 (seatbelt) that is IMPROPER.

I am not sure where you work, but here in New York, it is either: a.) Issue for the observed offense, or b.) Warn and admonish. One of the options is not: issue for something the person did not do.

That's something that gets done in court, and that is in accordance with the patrol guide that I am familiar with and how I was trained.
 

OHbusch

Junior Member
I hate to reopen this thread, but I'm in a similar situation in Ohio and wanted to debate the legality/ethics of charging someone with a crime they did not commit. I was recently stopped for 70 in 55, warned for speed (written on ticket), and although I was properly wearing my safety belt, charged with failure to wear.

Please don't get me wrong. I am grateful that the patrolman was willing to offer me a "break," but I don't believe charging someone with a crime they did not commit, no matter how insignificant as a seat belt violation, is not ethical. According to the fine print of my ticket, is what he did even legal?

The issuing-charging law enforcement officer states under the penalties of perjury and falsification that he/she has read the above complaint and that it is true.
Finally, If I do contest, can I be charged with the speeding violation in Ohio?
 
OHbusch said:
Please don't get me wrong. I am grateful that the patrolman was willing to offer me a "break," but I don't believe charging someone with a crime they did not commit, no matter how insignificant as a seat belt violation, is not ethical.
This is, again, why not to cut people breaks. I couldnt agree more Curt.....
 

sukharev

Member
poohmantbb said:
This is, again, why not to cut people breaks. I couldnt agree more Curt.....
Why not just issue a warning? This is a much better deterrant, as far as I can tell, as you tend to remember to drive with proper speed for quite sometime. At the same time, you learn to respect the officer, as he respects you too (when you do have a clean record). I agree with the posters who resent being charged with the crime they did not commit. This is not a break, this is a scam. If you have a ticket quota, just say so. I am sorry if I offended any officers reading these posts, but believe me I would prefer to respect you for giving me a warning, rather than resent you for charging me with something I did not do (that includes speeding).
 

45Frank

Member
Hey man don't do that this guy is sicko, he has no idea what a speeding ticket can do to you insurance.
Thanks I had a Virginia St. Troper on 81 give me a huge break going 87 in 60 probably one of the only times I was really speeding just didn't realize it. I think he was going to give me a warning, I have tinted windows and he asked me to open all of them and I did, He looked around and all was good but I forgot the dog in the back and he nealy lost his arm :confused: when he went to check my daughters booster seat an belt. I still thanked him for the 70 in the 60. That could have cost a thousand dollars or more over 3 years in NJ when I lived there.
THANKS AGAIN!
Curt581 said:
Labtec...

This is an excellent example of why I never give breaks like that anymore. I won't cut the MPH back, writing 15 over instead of the clocked 25 over. I won't give seatbelt tickets instead of moving violations. I don't give warnings anymore. None of that is worth the headache.

As was said earlier, I write what I see and let the courts work it out.

The driver you give a break to... is the one MOST likely to complain.
 

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