My husband and I were making a right at a stop sign when a police car past by us coming from the direction we were turning. He pulled a u-turn and pulled us over for not wearing our seatbelts. My husband was driving and had his seatbelt on normal. I am only 5'3" so I generally wear mine under my arm instead of over because it cuts into my neck. The officer stated that we didn't have them on when he seen us that we must have put them on afterwards. We both told him that we had them on just the way they were at that point. He then looked at mine and said mine was on inncorrectly. So he went back to write up the tickets. I was furious of course because we did have them on. Later when I got home I looked at the tickets and noticed something odd. My ticket(I'm the passenger) said speeding. It didn't say what speed or anything else. So I don't know if he just printed the wrong thing as he chose it on the computer or what.
I'm told most seatbelt violations is just the officer's word against yours and they usually win. But because of the misprint do I have a chance to fight this?
My arguements are:
I'm told most seatbelt violations is just the officer's word against yours and they usually win. But because of the misprint do I have a chance to fight this?
My arguements are:
- the officer was coming from a direction where he could not have seen us clearly as we were turning
- our seatbelts were on, even though mine was on inncorrectly to him, I was unaware of any correct seatbelt wearing procedure.
- Indiana Law states that each occupant shall have a safety belt properly fastened about the occupant's body at all times when the vehicle is in forward motion.