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Fighting Improper use of seat belt 27315 (d) $148 fine Elk Grove, California

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EGworkingMOM

Junior Member
Fighting Improper use of seat belt 27315 (d) $148 fine Elk Grove, California.

Citation Issued on Tuesday 10/20/09 3:30pm. Fine amount $148.00. Court Date Given: 12/24/09.

I was stopped at a red light in the left turn lane at Big Horn and Laguna when a motorcycle cop drove up next to my window and stopped next to me while on his bike. He was also waiting to make a left hand turn. I was on my lunch hour from work and was going to McDonald's. He was looking in to my car while we were stopped next to each other waiting on the light. I never turned my head to look at him. I stayed looking straight ahead with my hands at 10 and 2. The light changed to green and I proceeded through the signal and the left hand turn. He pulled behind me and turned on his red lights and told me to pull over. I could not imagine what I was being pulled over for. I pulled over to the side of the road and he yelled at me over the load speaker to pull in to the medical center and not block traffic. So I did. He came up to my window and said license and registration. So I gave it to him. He said you are not wearing your seat belt. I sad yes I am wearing my seat belt. He said I see that you have the lap engages but I don't understand what is going on with the shoulder restraint. I said, I have panic disorder and I cant wear anything tight across my chest. So I have always worn my seat belt and then put the shoulder strap portion behind the head rest. He said that is improper use of a seat belt and against the law. I said I never knew that. I just live a block down the street and I work a block that way and my kids schools are less than a mile away and I never knew this was illegal. My seat belt is on. He was extremely rude to me and lectured me for 10 minutes. I did not argue with him but I did say well I do have a medical condition that prevents me from putting pressure on my chest and I am under a doctors care. He was even more rude to me then. He said well you can try and fight this in court, you can try and get your doctor to fill out a form and excuse you from the law but if you don't win and you don't carry a card in your wallet excusing you from this law then we will be pulling you over each time and we will be giving you a ticket each time. I was so upset. He gave me Christmas Eve as my court date and told me I would need to get a form and have my doctor fill it out and bring it to court. He said it is possible you can get a medical card for this. When I asked how much the ticket was he said I don't know you can call the number on your ticket to find out. I called the phone number on my ticket to learn the $$ amount and it is $148 for my first offense. Also, I was told that there is no form for the doctor to complete. I need to have my doctor write the court a note then the judge will decide if he approves it. I am going to my doctor to ask for a note and I am going to court on Christmas Eve and I am fighting this. **Any help or info on this would be so great!! I can't afford $148, I can barely afford gas for the car to get to work these days. Now I have to go downtown and take off work and pay for parking too. I am scheduled to work on Christmas Eve. Grrr all the way around.
 


Zigner

Senior Member, Non-Attorney
Get the letter from your doc and hope for leniency from the court. What you did is against the law and unsafe.


Fighting Improper use of seat belt 27315 (d) $148 fine Elk Grove, California.

Citation Issued on Tuesday 10/20/09 3:30pm. Fine amount $148.00. Court Date Given: 12/24/09.

I was stopped at a red light in the left turn lane at Big Horn and Laguna when a motorcycle cop drove up next to my window and stopped next to me while on his bike. He was also waiting to make a left hand turn. I was on my lunch hour from work and was going to McDonald's. He was looking in to my car while we were stopped next to each other waiting on the light. I never turned my head to look at him. I stayed looking straight ahead with my hands at 10 and 2. The light changed to green and I proceeded through the signal and the left hand turn. He pulled behind me and turned on his red lights and told me to pull over. I could not imagine what I was being pulled over for. I pulled over to the side of the road and he yelled at me over the load speaker to pull in to the medical center and not block traffic. So I did. He came up to my window and said license and registration. So I gave it to him. He said you are not wearing your seat belt. I sad yes I am wearing my seat belt. He said I see that you have the lap engages but I don't understand what is going on with the shoulder restraint. I said, I have panic disorder and I cant wear anything tight across my chest. So I have always worn my seat belt and then put the shoulder strap portion behind the head rest. He said that is improper use of a seat belt and against the law. I said I never knew that. I just live a block down the street and I work a block that way and my kids schools are less than a mile away and I never knew this was illegal. My seat belt is on. He was extremely rude to me and lectured me for 10 minutes. I did not argue with him but I did say well I do have a medical condition that prevents me from putting pressure on my chest and I am under a doctors care. He was even more rude to me then. He said well you can try and fight this in court, you can try and get your doctor to fill out a form and excuse you from the law but if you don't win and you don't carry a card in your wallet excusing you from this law then we will be pulling you over each time and we will be giving you a ticket each time. I was so upset. He gave me Christmas Eve as my court date and told me I would need to get a form and have my doctor fill it out and bring it to court. He said it is possible you can get a medical card for this. When I asked how much the ticket was he said I don't know you can call the number on your ticket to find out. I called the phone number on my ticket to learn the $$ amount and it is $148 for my first offense. Also, I was told that there is no form for the doctor to complete. I need to have my doctor write the court a note then the judge will decide if he approves it. I am going to my doctor to ask for a note and I am going to court on Christmas Eve and I am fighting this. **Any help or info on this would be so great!! I can't afford $148, I can barely afford gas for the car to get to work these days. Now I have to go downtown and take off work and pay for parking too. I am scheduled to work on Christmas Eve. Grrr all the way around.
 

Antigone*

Senior Member
Get the letter from your doc and hope for leniency from the court. What you did is against the law and unsafe.
I can certainly vouch for that. I have a loved one in a persistent vegitative state because she wasn't wearing her seat belt properly. Had she been wearing her seatbelt properly she might have been banged up a bit but she'd be enjoying life right now instead of lying in a bed unaware of what is going on around her.

OP, learn to deal with you panic disorder in another way, but give your loved ones the gift of your life ~ wear your seatbelt.
 

Jim_bo

Member
Mom.... I know you thought you were going to the "freeadvice" website, but it seems like you got rerouted to the "freeLecture" website. It's amazing how many people here threat you like they are YOUR Mom.

Despite that, Zig did provide the answer, although it was followed with the obligatory/unnecessary condescention. If you legitimately have a medical reason for not wearing your seatbelt, get your doctor to state it in a letter/memo and present it in court. Easy.
 
You should also find out what you need to do to get whatever exclusion you may need to not wear a seatbelt if you are really intent on not wearing one. Until then you either need to wear your seatbelt or accept the fact that you may have more of the same tickets between now and Christmas.
 

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