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#1
01-19-2007, 01:08 AM
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Ticket in TexasWhat is the name of your state? Texas I know most of you will agree with most people as I have talked with others who who tell me to just pay my ticket but I am still interested in fighting this ticket. I was was traveling down a two lane road in the city limits as a police officer quickly pulled out in front of me and slowed down to appx 15mph below the speed limit. I of course hit the brakes as I was cut off by the officer and apparently had got too close to the police car(appx 1 car length) and was then pulled over for "following to closely". I pulled into a Bank parking lot and then took my seat belt off to get my wallet out of my pocket as well as get my registration from my middle console. The officer came to my car took my information and came back with a seat belt ticket. Now I am 300% positive I was wearing my seat belt. I question the officer about the ticket and she proceded to tell me that when she approached my vehicle i did not have the seat belt on. Can i fight this and win?? If the officer did not see me with or without a seat belt as I was driving(not parked in a parking lot) can she really give me a ticket for this?? The ticket cost I have been told is appx $150. In Texas a seat belt violation is considered a moving violation. Any suggestions other than pay the ticket would be very appreciated. Thank You
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#2
01-19-2007, 01:19 AM
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__________________ Whatever women do they must do twice as well as men to be thought half as good. Luckily, this is not difficult. Carpe Ominous
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#3
01-19-2007, 09:09 AM
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| following to closely is VERY subjective - making it harder for the LEO to prove her case.... pulling out into traffic without yeilding is a crime in itself. You did not need to have your seatbelt on in the parking lot so the observation there does not prove the seatbelt charge.
__________________ _____________________________________________________ “[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.” "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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