Seatbelt Law Medical Exemption not accepted by police.

[mooman]

What is the name of your state? Michigan

I have a medical exemption from wearing my seatbelt due to a shoulder condition. My exemption was issued in California by a certified physician. I am a Michigan resident. Recently I was pulled over and the police issued me a ticket saying that he felt funny about accepting my exemption because the doctor was "so far away and this looks like it comes from off the internet". I have a laminated card with all the info and my doctors signature as well as his information where he practices in California and Washington. I was under the impression that states recognized each others doctors in this sense. Reciprocity of that type has always been just understood I thought. I am fighting this ticket but would love some input before I go to court. Thanks.

[rmet4nzkx]

Originally Posted by mooman

What is the name of your state? Michigan

I have a medical exemption from wearing my seatbelt due to a shoulder condition. My exemption was issued in California by a certified physician. I am a Michigan resident. Recently I was pulled over and the police issued me a ticket saying that he felt funny about accepting my exemption because the doctor was "so far away and this looks like it comes from off the internet". I have a laminated card with all the info and my doctors signature as well as his information where he practices in California and Washington. I was under the impression that states recognized each others doctors in this sense. Reciprocity of that type has always been just understood I thought. I am fighting this ticket but would love some input before I go to court. Thanks.

Take it to court to fight the ticket. Did you have the lap belt on? Perhaps, Michigan doesn't allow such an exemption? Get same form Michigan doctor.

[seniorjudge]

You have no case. Doctors can't tell cops when and when not to give tickets.

[mooman]

In the michigan law it states that an exemption is given to anyone with a written exemption due to a medical condition so I beg to differ about what a doctor can or can't do as far as influencing an officers writing of a ticket. I had no belt at all on but the law nor my exemption differs between a lap belt or a seatbelt. In both cases it is either on or off. Very black and white.

[seniorjudge]

Originally Posted by mooman

In the michigan law it states that an exemption is given to anyone with a written exemption due to a medical condition so I beg to differ about what a doctor can or can't do as far as influencing an officers writing of a ticket. I had no belt at all on but the law nor my exemption differs between a lap belt or a seatbelt. In both cases it is either on or off. Very black and white.

[url]http://www.atch.com/abate/cdl/seatbeltlaws.html[/url]

Is this your website?

[mooman]

Nope. I had never seen that site before but I appreciate you putting me on to it. Thanks.

[racer72]

The doctor the gives the exemption must be licensed to practice in the state that the exemption applies. The paper from the California doctor is worthless in Michigan. I would suggest obtaining an exemption from a doc in Michigan and present that at your court hearing. We went through the exact same question on these forums about a month ago.

[seniorjudge]

Originally Posted by racer72

The doctor the gives the exemption must be licensed to practice in the state that the exemption applies. The paper from the California doctor is worthless in Michigan. I would suggest obtaining an exemption from a doc in Michigan and present that at your court hearing. We went through the exact same question on these forums about a month ago.

My feeling is that if you get on government property (the road) then you have to follow government regulations (put on your safety belt).

[sukharev]

Originally Posted by seniorjudge

My feeling is that if you get on government property (the road) then you have to follow government regulations (put on your safety belt).

And my feeling is that you should read the law you are talking about first, rather than giving incorrect advice.

[url]http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-257-710e&highlight=[/url]
Sec. 710e.
(1) This section does not apply to a driver or passenger of any of the following:
...
(e) A motor vehicle if the driver or passenger possesses a written verification from a physician that the driver or passenger is unable to wear a safety belt for physical or medical reasons.

[seniorjudge]

Originally Posted by sukharev

And my feeling is that you should read the law you are talking about first, rather than giving incorrect advice and insulting people.

[url]http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-257-710e&highlight=[/url]
Sec. 710e.
(1) This section does not apply to a driver or passenger of any of the following:
...
(e) A motor vehicle if the driver or passenger possesses a written verification from a physician that the driver or passenger is unable to wear a safety belt for physical or medical reasons.

Where did you find an insult in my post?

[sukharev]

Originally Posted by seniorjudge

Where did you find an insult in my post?

Sorry, you are right, no insults. I edited my original post, although my point still stands - the law is clear and doctors do have a say in whether someone can drive without a seat belt.

This is in no way equated with ideas from the website you gave us. One of my friends is a firefighter who told me many firsthand stories about people being ejected from their cars in crashes, no desire to be one of them.

[CdwJava]

Originally Posted by mooman

What is the name of your state? Michigan

I have a medical exemption from wearing my seatbelt due to a shoulder condition. My exemption was issued in California by a certified physician. I am a Michigan resident. Recently I was pulled over and the police issued me a ticket saying that he felt funny about accepting my exemption because the doctor was "so far away and this looks like it comes from off the internet". I have a laminated card with all the info and my doctors signature as well as his information where he practices in California and Washington. I was under the impression that states recognized each others doctors in this sense. Reciprocity of that type has always been just understood I thought. I am fighting this ticket but would love some input before I go to court. Thanks.

Presenting the officer a laminated card from God knows where means nothing to him. He was right, you could have gotten it anywhere.

At this point it will likely be incumbent upon you to verify that the exception was provided to you by a licensed physician. This may require an affidavit (preferably notarized) from the physician as well as a means to contact him/her and a release that will permit the prosecutor or the court to contact the physican and receive information on your condition that justifies the exception.

The issue of whether the license has to be licensed in the state of issuance seems to be unclear by reading the text of the law, but this MAY be the case.

Depending on how much you want to spend to beat an inexpensive seatbelt ticket, you can always hire an attorney to do this for you.

- Carl

[sukharev]

Originally Posted by CdwJava

At this point it will likely be incumbent upon you to verify that the exception was provided to you by a licensed physician. This may require an affidavit (preferably notarized) from the physician as well as a means to contact him/her and a release that will permit the prosecutor or the court to contact the physican and receive information on your condition that justifies the exception.

Excellent advice, Carl. It makes sense, and mooman can just save the notarized document for next time he gets pulled over. I am sure it's going to be sufficient to dismiss the ticket, also, as there was no crime comitted. I'd suggest to save the court decision, and keep it in a car for future, as well as a copy of the seat belt law for every state.

Licensed physician opinion should be recognizable in every state, but it may be possible to also get a document to such extent from any national organization the doctor belongs to (if there is one).

[michad328]

I received a seat belt ticket in Ann Arbor last year. I just mailed the ticket in, stating that I was in violation, and take responsibility. I wrote that I had pneumonia at the time, appended a copy of the hospital notes with the ticket, and four weeks later, I got a notice that my fine was $0.

[CdwJava]

Originally Posted by sukharev

Excellent advice, Carl. It makes sense, and mooman can just save the notarized document for next time he gets pulled over. I am sure it's going to be sufficient to dismiss the ticket, also, as there was no crime comitted. I'd suggest to save the court decision, and keep it in a car for future, as well as a copy of the seat belt law for every state.

Licensed physician opinion should be recognizable in every state, but it may be possible to also get a document to such extent from any national organization the doctor belongs to (if there is one).

There are actually some states that do use the term "licensed physician" in their statutes, and the courts have ruled that means a licensed physician within the state of residence (i.e. the state where they hold their license). This statute does not seem to imply that.

Also, presenting an officer with an affidavit and a court decision will generally not sway his actions on the side of the road. most the time we will not even accept the documents. I had a guy once try to present me a stack of court opinions "explaining" why he did not need to have his vehicle registered and why he was not required to have a driver's license! Needless to say, I never looked at his ream of papers ... I cited him, he refused to sign, and he went into cuffs and I called a tow.

However, once it gets to court having the affidavit and sufficient information from the doctor as to the medical condition should be sufficient to get out of the citation.

- Carl