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04-19-2001, 03:43 PM
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Gordon Dodd Decatur Texas: I recieved a ticket for driver not wearing seat belt. I was wearing my seat belt, but I run the shoulder belt under my left arm. It was issued by the Texas Dept. of Public Safety.
Can the Texas DPS stop someone for only a seat belt violation. I have requested a jury trial. There was no other offense. My ex-wife was traveling behind me and was a witness to the event.
[Edited by gadoo2 on 04-19-2001 at 03:51 PM] |
04-20-2001, 02:29 PM
| | Senior Member | | Join Date: Jan 2001 Location: Washington state
Posts: 10,653
| | | You were not wearing the seat belt as designed, that is a violation of the law. You may wish to check with a local attorney to determine if a jury trial will be allowed. Traffic offenses are considered misdemeanors and do not qualify for jury trials.
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04-20-2001, 05:17 PM
| | | | I am well aware of the the legality of the ticket. I would to hear a constructive idea for a defense presentation. I am interested in a defense with some extenuating circumstances.
I am not looking for a student of the law, I am looking for someone with some advise on a defense point. ( Not someone who adds a disclaimer to protect his opinions ) Apparently Racer echos the voice of the prosecuting attorney.
[Edited by gadoo2 on 04-20-2001 at 05:19 PM] |
04-23-2001, 08:09 PM
| | Senior Member | | Join Date: Jan 2001 Location: Washington state
Posts: 10,653
| | | As an intern for a large law firm, I am the one that gets the privelige of representing most of our traffic citation cases. There is no defense for the improper use of a vehicle safety device, and as such even the most seasoned professionals in the firm simply refuse to accept such cases because they are virtually impossible to defend. I have heard at least 100 different excuses used by both lawyers and those cited for seat belt violations and I have yet to see a ticket dismissed. Unless you have a physical condition that prevents you from wearing a seat belt as designed, there is no plausible defense for your citation. And the lack of posts by others confirms my case. Good luck. | |
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