Not wearing seat belt "Properly" over chest

What is the name of your state? Los Angeles Police Department, CA

I got pulled over for having my seat belt under my arms. The exact words on the ticket is 27315 (d)(1)vc obs viol.
obs viol s/b #2 lane

No wearing his seat belt properly over chest.

I was still wearing my seat belt, ANy good excuse??

How tall are you?

5'11
Im going to do that Trial by Written Declaration....any help would be greatly appreciated.

yajchoe said:

What is the name of your state? Los Angeles Police Department, CA

I got pulled over for having my seat belt under my arms. The exact words on the ticket is 27315 (d)(1)vc obs viol.
obs viol s/b #2 lane

No wearing his seat belt properly over chest.

I was still wearing my seat belt, ANy good excuse??

Click to expand...

My response:

There's never a good excuse for having the outline of a steering wheel across your forehead.

IAAL

yajchoe said:

What is the name of your state? Los Angeles Police Department, CA

I got pulled over for having my seat belt under my arms. The exact words on the ticket is 27315 (d)(1)vc obs viol.
obs viol s/b #2 lane

No wearing his seat belt properly over chest.

I was still wearing my seat belt, ANy good excuse??

Click to expand...

CVC 27315(d)(1) A person may not operate a motor vehicle on a highway
unless that person and all passengers 16 years of age or over are
properly restrained by a safety belt.

Note the portion that says "properly restrained". This means that the shoulder harness is to be worn in a particular fashion OVER the shoulder and NOT under the arm.

This is pretty well-settled law in CA. Challenge the cite if you wish, but it is a zero-points (on the license), relatively inexpensive fine violation. Your only "defense" here seems to be admitting to wearing the belt improperly but begging the question, "So what?"

You may have little to lose by fighting it ... but your best bet might be to take it to a face-to-face trial and hope the officer doesn't show. It's almost a sure bet that he will respond to the written declaration, and if he does, you're going to lose. Sorry.

- Carl

Thankyou

seatbelt violation

so in that case do you know how much the fee is going to be?

lsaleh said:

so in that case do you know how much the fee is going to be?

Click to expand...

My response:

You're hijacking this thread with your question. Also, your question isn't a "legal" question. You want to know how much? Call the courthouse.

IAAL

Fight it.

Face to face, not trial by dec.

Odds are 2/3 that the officer will not show up.

Pug

Pugilist said:

Fight it.

Face to face, not trial by dec.

Odds are 2/3 that the officer will not show up.

Pug

Click to expand...

Odds are 2:3 Pug is wrong. Would you belive someone that can't even place odds in the right context?

racer72 said:

Odds are 2:3 Pug is wrong. Would you belive someone that can't even place odds in the right context?

Click to expand...

I really ernjoy this 65% number he tosses about. Could it be true in his court? Maybe. Its dismal, but I suppose it is occasionally possible ... summer is worst because officers tend to be off on vacation.

But many other counties frown on this sort of thing. So, if we're going anecdotally, my county has almost 100% traffic court attendance ... my previous county traffic courts had at least 75%.

I'm not a gambler. I wouldn't risk my future on the long shot. Heck, it would cost me more money for a day off to go to court than it would to pay the fine.

But, its not my heinie on the line, so why not go for it?

- Carl

I have inquired with traffic school operators in CDW's county, and the highest attendance figure I got was 75% - In what is a VERY rural county. So even up there, you'd have a 1/4 chance of a dismissal.

I stick by my 2/3 figure for LA county, which is where the subject ticket is.

Pug

Pugilist said:

I have inquired with traffic school operators in CDW's county, and the highest attendance figure I got was 75% - In what is a VERY rural county. So even up there, you'd have a 1/4 chance of a dismissal.

Click to expand...

That's funny! Not to mention being a lie. Just WHAT county do you think I'm in?

Sorry. But in every traffic court hearing I've attended in this county there hasn't been ANY no-shows from ANY agency here. I suppose there has been, but not when I have been present. And if officers from my department do not show, the judge calls us on it so I would know as I would have to conduct the disciplinary investigation.

Try again.

- Carl