 | 
08-22-2005, 01:10 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 2
| | | Seat belt ticket in California
Recently I was issued a ticket for not wearing my seat belt but I don't think it was a fair ticket under the circumstances. I was being picked up by a friend. When I got in the car I went ahead and began putting on my seat belt but my friend in the meantime had already begun to drive the car again. The police officer pulled us over and issued me a ticket after I had my seat belt on but said that he saw me putting it on while the car was already in motion which is illegal....but how am I suppose to control when the car moves or not since I'm a passenger? In my opinion I did the right thing by putting my seat belt on as soon as I got in the car. Is this a fair ticket? Is there anywhere that I can go and actually find the written law regarding this? I plan to go to court and argue this ticket...any advice?
Thanks,
Jeanie |
08-22-2005, 01:34 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,358
| | | CVC 27316(e) A person 16 years of age or over may not be a passenger in a motor vehicle on a highway unless that person is properly restrained by a safety belt. ...
The section does not grant an exemption for a driver taking off without waiting. It's a legal citation even if it might be a little cheesy.
Additionally, the driver could have been cited for not having you belted before he took off. All things being "fair", you could have BOTH gotten the ticket. You might consider asking your friend to pay the ticket.
- Carl
__________________
A Nor Cal. Cop Supervisor
"Make mine a double mocha ... and a croissant!"
Remember, only two defining forces have ever offered to die for you: Jesus Christ and the American Soldier. One died for your soul, the other for your freedom! |
08-22-2005, 01:54 PM
| | Member | | Join Date: Jun 2005
Posts: 315
| | | I smell a rat in your "story". It takes 2 seconds to buckle up, was the officer watching you in the driveway? |
08-22-2005, 03:13 PM
| | Member | | Join Date: Dec 2004
Posts: 193
| | Quote: |
Originally Posted by JeanieS Recently I was issued a ticket for not wearing my seat belt but I don't think it was a fair ticket under the circumstances. I was being picked up by a friend. When I got in the car I went ahead and began putting on my seat belt but my friend in the meantime had already begun to drive the car again. The police officer pulled us over and issued me a ticket after I had my seat belt on but said that he saw me putting it on while the car was already in motion which is illegal....but how am I suppose to control when the car moves or not since I'm a passenger? In my opinion I did the right thing by putting my seat belt on as soon as I got in the car. Is this a fair ticket? Is there anywhere that I can go and actually find the written law regarding this? I plan to go to court and argue this ticket...any advice?
Thanks,
Jeanie | Jeanie,
Presumably the legislators, writers of traffic laws and such, have public safety in mind, but the laws they write can't seem to eliminate the element of judgement on the part of the officers who are supposed to enforce them. Whenever there is a judgement to be made, some officers do OK, others create more problems, trouble, expense and endangerment to public safety than they are supposedly charged with preventing. If your story is not fudging on the truth, the cop's fudging on judgement may be noted by the judge. It is always a good plan to argue against what is unfair, at least so's a judge can indicate to the enforcement officers what "fair judgement" means.  |
08-22-2005, 10:50 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 2
| | | not fudging on the truth
I suppose I can see why some might think I'm not 100% truthful in my story but the fact is that my friend picked me in a pick up/drop off zone on a main road so there was no driveway, etc... I agree that it only takes two seconds to put on a seatbelt. I probably did put my purse down on the floorboard before buckling up but it was pretty much immediate. It sounds as though I have a 50/50 chance if I go to court?? |
08-22-2005, 11:31 PM
| | Member | | Join Date: Jun 2005 Location: California
Posts: 239
| | | You should definitely go to trial. Why?
1. Mickey Mouse ticket - maybe the officer will be too embarrassed, or busy, to show up. If he doesn't show up, the case will be dismissed.
2. If the officer does show up, maybe the judge will toss the ticket because it is so MM.
3. Many defedants decide not to go to trial because they might lose traffic school - after trial, it is at the judge's discretion. But seat belt tickets are not eligible for traffic school, so you have nothing to lose.
Good luck.
Pub
__________________
Pugilist
Always Fights His Tickets
| |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
|
