No Seat Belt Violation

[pjgolden]

What is the name of your state? California

I was driving on the freeway on a cloudy rainy day (my windows were foggy), yet an CHP pulled me over and claim that I was not wearing a seat belt even though it was on when he approached the car. I pleaded not guilty and was scheduled a court date, but do not know what evidence I can get to prove my innocence. I tried to get the CHP record/notes of the traffic ticket, but the CHP department said I need a subpeona, so I called the superior court and was told I need a lawyer (?). Then I asked if I could change my court trial to a Trial by Declaration and she said no. Could you advice me of my right for a situation of this matter and perhaps direct me as to how to approach a case like this?

Thank You,
pjgolden

 

[sukharev]

Well, there is not much evidence you can provide. It's your word against officer's. If you were wearing seatbelt when you were driving (not when officer approached your car), then you can try to convince the judge. If not, just plead guilty and spare yourself some embarassment.