seatbelt violation but is wearing a seatbelt

[mom2-2kids]

What is the name of your state? CALIFORNIA
Hello! An officer pulled me over and gave me a citation for seatbelt violation. When he pulled me over, I asked what's the problem? He said you're not wearing your seatbelt. He said NO I wasn't. I said: "Yes, I am. Look I'm wearing it right now!" But he still gave me the citation ticket anyway.

Please help!

[racer72]

Was it under or over your shoulder?

[mom2-2kids]

Originally Posted by racer72

Was it under or over your shoulder?

It's over my shoulder. Thx.

[mnwind]

The office might not see it clearly, he will need to prove it in the court.

[Hey There]

8-22-07

Discovery is availavble in Ca. This means if you make a written request to the citing officer and the D.A. for all notes, copy of the front and back of the traffic ticket, video, and everything the officer plans to use in court , by law these items must be provided to you.
To get instructions and to copy a form requesting Discovery go to Help! I got a Ticket! website. FREE INFORMATION
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If you go to court and the officer fails to appear then the case should be dismissed for lack of prosecution.

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In Ca. there is also the option of Trial by Declaration which means that you can present your case in writing ( hopefully with proof provided in discovery ) that your case should be dismissed. If the judge rules against you, you can request a trial. I would request a diffent judge to hear the trial rather than having the judge who ruled against me be the one to hear my case. There's a form for that too.

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You can always ask for a continuance as long as you don't waive your right to a speedy trial by doing so.

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Fight Your Ticket and Win in CA. by Attorney W. Brown may be available to check out at your local library or if you want to purchase one the price is $29.99.

Regards, Hey There