Improper Seatbelt Ticket

[Britt8607]

I am located in Montgomery, Alabama.

Today I received a traffic citation for as the ticket states: Not wearing Seatbelt. However, I did have on my seatbelt, it was just tucked underneath my arm. The officer acknowledged that I had it on, but that I had it on improperly. My two questions regarding this offense are:

1. Is the citation improperly written because it states that I did NOT have on my seatbelt when in-fact I DID have it on it was just on improperly? Shouldn't the ticket state I had on my seatbelt improperly instead of not having it on?

2. After looking up the fine for a seatbelt violation I found it listed on the Montgomery, Alabama municipal court's website as $26. However, according to the Alabama Code § 32-5b-5 the fine for this violation can only be up to $25.

Are either of these issues grounds for dismissal? If so which one and how do I need to proceed?What is the name of your state (only U.S. law)?

 

[xylene]

1. Legally, you are either wearing it properly, or you are not wearing it.

2. You are looking at the unrevised code perhaps?

 

[Britt8607]

It isn't the revised code. Would this help dismiss?

 

[xylene]

It isn't the revised code. Would this help dismiss?

You don't have the legal skills to overturn a law.

It is a 25-26 dollar ticket.

You were in fact violating the law per your story.

Hire a lawyer if the point is really worth it...

 

[Zigner]

http://www.montgomeryal.gov/index.aspx?page=181

You weren't charged with violating the state code. Montgomery's violation allows for a $26 fine.

 

[startedone]

You could argue that the law in unconstitutional. That's what most people do who wish to contest.

Lots of information on the web as to this defense having much of a chance.

 

[CdwJava]

That would be a long and expensive argument to make in order to save $26. And, without any precedent to stand on, good luck!