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10-14-2003, 08:56 AM
| | | | Seatbelt infraction
What is the name of your state? Florida
I received a ticket for no seatbelt yesterday, I did have it on and the officer claims that he watched me put it on. I tried to explain that the shoulder strap was under my arm and when I stopped I put it back over my shoulder. (My 17 year old son and husband are both witness to this). Also, he pulled me over on a street that I have already been told the police have no juristriction on because it is a private road (owned by myself and two neighbors) Can I fight this ticket and win? |
10-14-2003, 10:48 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | Re: Seatbelt infraction
Quote: Originally posted by sna32596
What is the name of your state? Florida
I received a ticket for no seatbelt yesterday, I did have it on and the officer claims that he watched me put it on. I tried to explain that the shoulder strap was under my arm and when I stopped I put it back over my shoulder. (My 17 year old son and husband are both witness to this). Also, he pulled me over on a street that I have already been told the police have no juristriction on because it is a private road (owned by myself and two neighbors) Can I fight this ticket and win? | **A: what street is named on the ticket? Is it your private road? |
10-14-2003, 11:48 AM
| | | | Yes my street is named on the ticket which is clearly marked on the street sign as being a private road |
10-14-2003, 11:50 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: Originally posted by sna32596
Yes my street is named on the ticket which is clearly marked on the street sign as being a private road | **A: then you should be able to have the ticket dismissed for lack of jurisdiction unless the law includes private roads.
Last edited by HomeGuru; 10-14-2003 at 11:55 AM.
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10-14-2003, 07:12 PM
| | Senior Member | | Join Date: Aug 2002 Location: Washington
Posts: 3,484
| | | In future, the seat belt laws usually require you to wear the belt properly. Under the arm doesn't cut it.
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This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
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10-14-2003, 07:42 PM
| | | | Whether I was wearing, not wearing it properly, or just not wearing should really be a mute point seeing as he pulled me over and ticketed me on a private road that the police have no juristriction over. |
10-15-2003, 07:10 AM
| | | Quote: Originally posted by sna32596
Whether I was wearing, not wearing it properly, or just not wearing should really be a mute point seeing as he pulled me over and ticketed me on a private road that the police have no juristriction over. | Is your community gated? Do you recieve any municpal services? It might be a valid ticket if the HOA allows the police or fd to come on your "private" roadway |
10-15-2003, 04:48 PM
| | Senior Member | | Join Date: Aug 2002 Location: Washington
Posts: 3,484
| | Quote: Originally posted by sna32596
Whether I was wearing, not wearing it properly, or just not wearing should really be a mute point seeing as he pulled me over and ticketed me on a private road that the police have no juristriction over. |
That's why I said "In future." When you get the next seat belt ticket, saying you had the belt tucked under your shoulder will be no defense.
Mute = silent
Moot = irrelevant or not at issue
__________________
This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
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10-15-2003, 04:51 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | I never heard of the Christmas song titled Mute Night. |
10-15-2003, 05:59 PM
| | | | FYI one of my children was in a car accident, his car looked like an elephant had sat on it. It was completely crushed. The only reason he walked away with some broken ribs, a broken arm and a punctured lung was because he was wearing his seatbelt properly and his air bag inflated. Otherwise he would have died.They save lives when worn properly, most accidents occur close to the drivers home. WEAR YOUR SEATBELT! Pay the ticket and be grateful. CCP | |
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