Pulled over for speeding...hit with illegitimate seat belt fine

[MarK_R]

What is the name of your state? OH

My brother (driver) and I were on the freeway. He always speeds and this time got caught (going 84 in a 65 MPH zone). Anyway, the nasty female cop came to the car and accused both him and me of not wearing seat belts (obviously just hoping to coerce a confession and tack on some extra fines).

As someone who is ridiculously meticulous about driving laws, I was extremely offended. It seems highly inappropriate to furiously accuse me of breaking a law when I wasn't even involved in the speeding incident. Is there a term in the law that applies to such an act? Pulling someone over for a legitimate reason and then tacking on illegitimate charges? I wanted to defend myself but I don't know if this falls under extortion, fraud, or anything like that. Can anyone tell me more about this kind of issue, and what sort of chances there are of having the bogus charges overturned in court?

For full disclosure, we both had our seat belts on from before the car was started, and neither of us has ever ridden more than 5 minutes in a car without buckling up.

Thanks! -Mark

[FlyingRon]

If you didn't have your seatbelt on while the car was in motion the charge is not "illegitimate." What makes you think that just because the cop pulls over someone they aren't allowed to continue to observe and enforce the law on others in the vehicle?

You can argue that you only unbuckled so that you could get your identification out for the nice police officer after the car stopped. Most judges would buy that if you pleaded guilty to the speeding offense

[MarK_R]

I guess you didn't read what I wrote. My seat belt was buckled. So was my brother's. We didn't even unbuckle them when we reached for his proof of insurance and all that. It most certainly was illegitimate because we were wearing seat belts. I don't know how I wasn't clear in explaining that in my first post.

[moburkes]

Originally Posted by MarK_R

I guess you didn't read what I wrote. My seat belt was buckled. So was my brother's. We didn't even unbuckle them when we reached for his proof of insurance and all that. It most certainly was illegitimate because we were wearing seat belts. I don't know how I wasn't clear in explaining that in my first post.

You did say that you had them on, but the only reason why I could come up with the officer making the accusations is because you didn't have them on when s/he approached the vehicle. THAT wasn't clear in your post. No need to be rude.

However, an officer can make all kinds of accusations. Nothing about the stop that you described was illegal.

[fairisfair]

funny, being so meticulous about traffic laws, that you would ride in the vehicle of someone who, according to your own post, speeds on a regular basis. . . . . . . .
hmmmmmmmm????????

Oh, well, maybe not quite THAT meticulous huh???

[MarK_R]

Originally Posted by fairisfair

funny, being so meticulous about traffic laws, that you would ride in the vehicle of someone who, according to your own post, speeds on a regular basis. . . . . . . .
hmmmmmmmm????????

Oh, well, maybe not quite THAT meticulous huh???

Heh; well, some people just don't learn. My brother hates driving with me because I criticize him for speeding on a regular basis, yet he continues to do so. It's a rare occasion that I ride with him, but aside from taking over the wheel and pedals, there's not much I can do to change what happens when I'm in someone else's car. Obviously, though, point well taken. Thanks to everyone for all your input.