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two tickets--one is invalid, and the reason for pulling over

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oneangrybeaver

Junior Member
What is the name of your state (only U.S. law)?
-- Maine.

A locally-infamous officer pulled me over for a 'seatbelt violation,' although I was definitely wearing my seatbelt. It's all very he said/he said. I'm going to contest that ticket -- hopefully without going to court, by talking to the guy's supervisor next week.

I got a second ticket because I'm required to wear glasses when driving, which I wasn't at the time. Now I wonder -- he wouldn't have been able to *know* I'm not supposed to be driving if he hadn't pulled me over on false pretenses. I've absorbed via pop-cultural osmosis and police procedurals that 'chain of evidence' is important to criminal cases, but I don't know if it would apply to civil cases, or this case.

Basically, since he had *no reason* for pulling me over, he had no valid way of learning that I deserved that second ticket...unless, it's legal for cops to pull someone over and ask for their license for no reason. Which it might be; I don't know. But if not, would this be enough grounds to dismiss the second ticket?
 


seniorjudge

Senior Member
A locally-infamous officer pulled me over for a 'seatbelt violation,' although I was definitely wearing my seatbelt. It's all very he said/he said. I'm going to contest that ticket -- hopefully without going to court, by talking to the guy's supervisor next week.

That won't work.



I got a second ticket because I'm required to wear glasses when driving, which I wasn't at the time. Now I wonder -- he wouldn't have been able to *know* I'm not supposed to be driving if he hadn't pulled me over on false pretenses. I've absorbed via pop-cultural osmosis and police procedurals that 'chain of evidence' is important to criminal cases, but I don't know if it would apply to civil cases, or this case.

How would he know? Ever heard of computers? There's no evidence.



Basically, since he had *no reason* for pulling me over, he had no valid way of learning that I deserved that second ticket...unless, it's legal for cops to pull someone over and ask for their license for no reason. Which it might be; I don't know. But if not, would this be enough grounds to dismiss the second ticket?

He saw you driving without glasses and without a safety belt: that's two reasons.
 

oneangrybeaver

Junior Member
seniorjudge said:
[...] he wouldn't have been able to *know* I'm not supposed to be driving if he hadn't pulled me over on false pretenses.

How would he know? Ever heard of computers? There's no evidence.
I did think of that, but it's not my car, and no one who drives it normally needs glasses. That would preclude him finding out any other way AFAICT.

seniorjudge said:
Basically, since he had *no reason* for pulling me over, he had no valid way of learning that I deserved that second ticket...unless, it's legal for cops to pull someone over and ask for their license for no reason. Which it might be; I don't know. But if not, would this be enough grounds to dismiss the second ticket?

He saw you driving without glasses and without a safety belt: that's two reasons.
On the chance that on my court date I can contest the safety-belt thing and win (Is that possible without evidence? Does any seatbelt violation ever have evidence on either side?) -- that would establish that I was wearing my seatbelt and the officer was mistaken. Given that Big If, does it matter if an officer has a decent reason for pulling someone over, and *based on* that pulling-over, issue a (second) ticket?

I know I deserve the second ticket, and I'm probably grasping at straws, but I have to ask.
 

efflandt

Senior Member
So did you put your safety belt on before or after you saw him? Because if you were not wearing required eye correction, he likely saw you before you saw him.

Would the color of your clothing or exposed skin have made it difficult to see if you had been wearing your belt, and if so, why did you not bring that up before you got that ticket? Unless there is a police video, that would be difficult to prove later.
 

oneangrybeaver

Junior Member
So did you put your safety belt on before or after you saw him? Because if you were not wearing required eye correction, he likely saw you before you saw him.
Would the color of your clothing or exposed skin have made it difficult to see if you had been wearing your belt, and if so, why did you not bring that up before you got that ticket? Unless there is a police video, that would be difficult to prove later.
I always wear my safety belt. I'm white, and I was wearing a yellow T-shirt. In retrospect, he can't have missed it.

When I asked him what was going on, he said "Seatbelt violation." I said "But I'm wearing a seatbelt," and he just asked for my license and registration again. He just ignored me. I knew that cops have ludicrous amounts of leeway with enforcing traffic law, so I wasn't sure if further questioning his reason for pulling me over could do any good.

I was only passing through an intersection after stopping at a red light, and he came out of the road perpendicular to me. It was like he wasn't even targeting me; he just wanted to pull over *someone* male and under 30. Like I mentioned in the OP, he's fairly infamous in town.
 
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