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CA seatbelt ticket help!

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thebrodizzle

Junior Member
im in California, i got a ticket for not wearing a seatbelt. i do not know too much about the law, but i feel the ticket wasnt properly issued. for one, i was pulled over in a best buy parking lot, isnt that private property? is that legal? also the cop didnt approach me until i was already out of the vehicle and in the walkway of the building, pretty much the cop didnt even pull me over until i was already out of the car, safely parked in the parking lot and on my way into the best buy. is there a way i can fight this and win in court?
 


TYRIS

Member
thebrodizzle said:
im in California, i got a ticket for not wearing a seatbelt. i do not know too much about the law, but i feel the ticket wasnt properly issued. for one, i was pulled over in a best buy parking lot, isnt that private property? is that legal? also the cop didnt approach me until i was already out of the vehicle and in the walkway of the building, pretty much the cop didnt even pull me over until i was already out of the car, safely parked in the parking lot and on my way into the best buy. is there a way i can fight this and win in court?


-You never specify in your post that you were in fact wearing your seatbelt so I will assume you were not. If that is true then take responsibilty and except the penalty. If you were wearing your seatbelt the by all means fight the ticket.

Yes Officer's can pull you over in a parking lot or other private properties for that matter as long as the violation occurred on a public street. If your out of the car by the time the Officer gets to you plays no part in the violation.


Tyris
 

I AM ALWAYS LIABLE

Senior Member
thebrodizzle said:
im in California, i got a ticket for not wearing a seatbelt. i do not know too much about the law, but i feel the ticket wasnt properly issued. for one, i was pulled over in a best buy parking lot, isnt that private property? is that legal? also the cop didnt approach me until i was already out of the vehicle and in the walkway of the building, pretty much the cop didnt even pull me over until i was already out of the car, safely parked in the parking lot and on my way into the best buy. is there a way i can fight this and win in court?

My response:

You see, the problem is that you pulled into the wrong driveway. Best Buy is not a designated sanctuary from vehicle violations. Specifically, California Vehicle Code section 23022 states, in pertinent part - -

"Circuit City parking lots are hereby designed for, and designated as, sanctuary from any and all vehicle code violations except where the activity will not cause significant adverse impacts upon a federal sanctuary, recreational area, or other waters of significant national importance."

So, had you pulled into a Circuit City parking lot, the officer would have been required to leave you alone.

IAAL
 
Last edited:

Curt581

Senior Member
thebrodizzle said:
i do not know too much about the law, but i feel the ticket wasnt properly issued. for one, i was pulled over in a best buy parking lot, isnt that private property?
Yes, it is.
is that legal?
Yes. The officer is allowed to follow you into a private parking lot and stop you for a violation he saw occur on a public roadway.
also the cop didnt approach me until i was already out of the vehicle and in the walkway of the building, pretty much the cop didnt even pull me over until i was already out of the car, safely parked in the parking lot and on my way into the best buy.
I hope you don't think that this is similar to a game of "Tag", where if you reach the 'Goal', you can't be tagged anymore.
is there a way i can fight this and win in court?
Maybe, but certainly not for the reasons you listed above.
 

Curt581

Senior Member
I AM ALWAYS LIABLE said:
So, had you pulled into a Circuit City parking lot, the officer would have been required to leave you alone. IAAL
Not to mention... Circuit City has better warrantee service plans.
 

thebrodizzle

Junior Member
understandable

however, the street i was on was not even a city street, thats the point im looking at. i was not on a city street, so how can i get the ticket, also if you guys dont have any positive advice then please dont post. and if i had money to spend on a ticket i would just pay it, however my current financial situation is not that great.
 

I AM ALWAYS LIABLE

Senior Member
thebrodizzle said:
however, the street i was on was not even a city street, thats the point im looking at. i was not on a city street, so how can i get the ticket,

MY RESPONSE: So, why the hell didn't you mention that in your initial post? Is there something else you're not telling us? We're not soothsayers!!



also if you guys dont have any positive advice then please dont post. and if i had money to spend on a ticket i would just pay it, however my current financial situation is not that great.

MY RESPONSE: Completely irrelevant. If you drive, you take responsibility, plain and simple. Your income level is of no consequence. If you like, and if you can't afford the fine, you can ask for Community Service or take a weekend in jail.

IAAL
 

Curt581

Senior Member
thebrodizzle said:
however, the street i was on was not even a city street, thats the point im looking at. i was not on a city street, so how can i get the ticket, also if you guys dont have any positive advice then please dont post. and if i had money to spend on a ticket i would just pay it, however my current financial situation is not that great.
(Sigh) :rolleyes:

Go to court.

Use that defense.

Bring your checkbook.

How's that for 'positive' advise?
 

Curt581

Senior Member
thebrodizzle said:
by the way i dont drive, i was a passenger, i dont even have a car.
Now see? That makes all the difference in the world.

:rolleyes:

Repeat:

Go to court.

Don't forget your checkbook.

Use that defense.

Who are we to stand in the way of someone determined to make a fool of themselves?
 

thebrodizzle

Junior Member
flame

i would like to thank all the celibate flamers in here for their very helpful responses. freeadvice.com my a$$. feel free to continue flaming this post in order to increase your self esteem.
 

Curt581

Senior Member
thebrodizzle said:
i would like to thank all the celibate flamers in here for their very helpful responses. freeadvice.com my a$$. feel free to continue flaming this post in order to increase your self esteem.
You were given free advise. You chose to disregard it. No skin off our nose.

Next time, tell us right up front that you'd rather have us simply "agree" with you, instead of telling you the truth.
 

I AM ALWAYS LIABLE

Senior Member
thebrodizzle said:
i would like to thank all the celibate flamers in here for their very helpful responses. freeadvice.com my a$$. feel free to continue flaming this post in order to increase your self esteem.

My response:

When you learn the English language well enough to communicate, then please come back. Until then, don't go away mad . . . just go away.

IAAL
 

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