Looking for advice from Crim Def Atty or EXP.Traffic Atty.

[only1bigdaddyo]

What is the name of your state (only U.S. law)? Il
I would like to get a different take on proceeding to fight a erroneous seat belt ticket. I have law background and I've sat side chair to much more detrimental cases.It's not a question of if I'm fighting the ticket just a matter of which course I take. I want access to ourside video of the firehouse and police station along with the video of the ticketing officers car,plus radio communication between the two officers involved. It will undoubtedly substantiate my defense. I plan to file a motion for discovery and then I would like some different view from that point. I will also request a trial for a quick date,expecting the PD to request a continuance.So please give me some ideas.
Thanks a million in advance.

 

[Zigner]

What is the name of your state (only U.S. law)? Il
I would like to get a different take on proceeding to fight a erroneous seat belt ticket. I have law background and I've sat side chair to much more detrimental cases.It's not a question of if I'm fighting the ticket just a matter of which course I take. I want access to ourside video of the firehouse and police station along with the video of the ticketing officers car,plus radio communication between the two officers involved. It will undoubtedly substantiate my defense. I plan to file a motion for discovery and then I would like some different view from that point. I will also request a trial for a quick date,expecting the PD to request a continuance.So please give me some ideas.
Thanks a million in advance.

First:

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Second - it's going to come down to the evidence. Evidence, in this case, is the testimony.

 

[only1bigdaddyo]

Haha...thank you very much for that insight.
I have done quite a bit of research on this and many other sites. As well as through my law books that seem to be a wonderful gift after finishing law school.
I also couldn't agree with your statement "Second - it's going to come down to the evidence. Evidence, in this case, is the testimony."
All except the testimony part. I plan on slamming them very hard and very fast and asking for a dismisal. Let me fill you in just a bit.
I have been harassed repeatedly by these two officers (i know it's stated all the time.) and this particular day I had three witnesses in the car with me that will testify to me having my seat belt on. Now...the issuing officer was doing an illegal three point turn around (if that's possible for "an officer") in the firestation driveway,thus making it impossible for him to even see me much less my seat belt. So that is why I was looking for some different views, just as tips,reference etc. If there is a post on this site that is what I'm looking for...I have yet to see it.
Thank you again for your post.
SJ

 

[LSCAP]

If you are a lawyer, you should be aware of the unholy threesome.
The Judge, the DA who see each other every day, and you.

Slamming them is a definite no no.

Carefully laid out defense is the best bet. I.e. no apparent animosity or Vengence.

 

[Maestro64]

If you want to discredit the officers, here is what I would do, take picture of you in your car wearing and not wearing the seat belt from various locations and angles from where you believe the officer was located and then asked the officer to clearly identify in which picture your were or were not wearing the seat belt.

Depending on the car it very hard to determine if someone is wearing a seat belt unless you are right on top of them or looking in at just the right angle.

I know I have a car with black interior and black belts and I wear a black jacket and there is no way you can tell I am wearing a belt unless you walk up to the car and look in, There is not way otherwise to know at a distance.

 

[racer72]

I know I have a car with black interior and black belts and I wear a black jacket and there is no way you can tell I am wearing a belt unless you walk up to the car and look in, There is not way otherwise to know at a distance.

I saw this argument blown out of the water a few weeks ago. Officers look for the seat belt coming off the "B" pillar post and over the driver's shoulder. The officer showed several pictures of both, even in low light conditions it was obvious who had on seat belts and who didn't.

 

[Zigner]

I saw this argument blown out of the water a few weeks ago. Officers look for the seat belt coming off the "B" pillar post and over the driver's shoulder. The officer showed several pictures of both, even in low light conditions it was obvious who had on seat belts and who didn't.

While I agree with you *generally*, there are exceptions. For example, my car has the seat belt actually as a part of the seat...

 

[only1bigdaddyo]

Thank you

Let me start by thanking all valued input. Then I will follow by clearifying that when I said hit them hard...I meant very tactful and precise. The DA usually has very little if anytime to prepare for trials especially ones where they have been granted a continuance when trial has been set and expect another to be granted. Which is all to often the case.
I have taken many pictures of the seat belt factor (with/without) I also plan to request the video footage of the officers car, that will clearly show him doing a three point turn...thus making it impossible for him to see anything in my vehicle much less my seat belt.
If you have any other helpful experience or insight I am greatly appreciative. I always believe two heads are better than one and three are better than two and so on...
Thanks again

 

[Zigner]

Let me start by thanking all valued input. Then I will follow by clearifying that when I said hit them hard...I meant very tactful and precise. The DA usually has very little if anytime to prepare for trials especially ones where they have been granted a continuance when trial has been set and expect another to be granted. Which is all to often the case.
I have taken many pictures of the seat belt factor (with/without) I also plan to request the video footage of the officers car, that will clearly show him doing a three point turn...thus making it impossible for him to see anything in my vehicle much less my seat belt.
If you have any other helpful experience or insight I am greatly appreciative. I always believe two heads are better than one and three are better than two and so on...
Thanks again

What makes you think there was video?

 

[HomeGuru]

While I agree with you *generally*, there are exceptions. For example, my car has the seat belt actually as a part of the seat...

**A: wow, how old is your car or do you ride a horse?

 

[Zigner]

**A: wow, how old is your car or do you ride a horse?

2000 for the one I was talking about...but 2000-2005 is the same for that particular model...

 

[I_Got_Banned]

2000 for the one I was talking about...but 2000-2005 is the same for that particular model...

Also, most convertible cars and since the lack the door pillar have seatbelts that are part of the seat!

 

[Maestro64]

While I agree with you *generally*, there are exceptions. For example, my car has the seat belt actually as a part of the seat...

Ah come on he is now agreeing with me.. that's a first too

To his point, my car has an adjustment on the b-pillar to move the mounting location down to below your shoulder so it not easily seen, then add in dark tint and guess what no way to tell whether I have one on or not.

At least one time I know an officer thought I did not have one on, because when he walked up to me he said. "oh glad to see you have your self belt on," But in PA seat belt is a secondary offense so it did not really matter. The problem is most officer look for the strap going up to the b-pillar as and indication of whether you are wearing or not.

 

[only1bigdaddyo]

Stay focused people

A few of those rants were more symantics than anything...

But about the question "how do I know there was video?" I do know that the officer's car has video and I know there is video outsite the fire/police station because I live very close and see the globes.
These are more factors that weight in my defense as opposed to being the actual case themselves. I have taken 12 photos of me with and without seat belt and there is no possible way for him to be able to tell whether or not I had it on. Regardless if he is looking for a strap or not...
I have a 2008 Sport Trac Limited and with the back windows being tinted (from the factory) I have twelve pics that will definitely discredit him. I have twelve because he has a better chance of guessing correct with three.
Anyways...please give me some more helpful weight to add to my defense.
Please
Thanks.

 

[Zigner]

A few of those rants were more symantics than anything...

But about the question "how do I know there was video?" I do know that the officer's car has video and I know there is video outsite the fire/police station because I live very close and see the globes.
These are more factors that weight in my defense as opposed to being the actual case themselves. I have taken 12 photos of me with and without seat belt and there is no possible way for him to be able to tell whether or not I had it on. Regardless if he is looking for a strap or not...
I have a 2008 Sport Trac Limited and with the back windows being tinted (from the factory) I have twelve pics that will definitely discredit him. I have twelve because he has a better chance of guessing correct with three.
Anyways...please give me some more helpful weight to add to my defense.
Please
Thanks.

Ok, AGAIN, what makes you think there was video? Do you even understand how the video cameras work in the patrol cars? And, what makes you think the video on the buildings was point at your car?

If the sun was coming from the front of your car, it would be easy to see through your factory tinted windows. Did you take the pics at the exact time that your citation was issued? Were the weather conditions the same? Did you use a flash?

You've got a lot of hurdles here. Good luck.