No Seat Belt Ticket

[Zigner]

If the running lights cannot be over-ridden (my mom's Buick can't be) then the headlights are automatically on

Carl -
Daytime Running Lights in most vehicles are generally not a full brightness, usually they are on at about 50% of their "normal" intensity. In your opinion, could this cause them to fall outside of the "allowable" range for headlights during rain? The same question could apply to those sections of road where headlights are required at all times.

 

[NotAnAttorney]

My husband isn't ready to let this go yet, so we talked to a local lawyer today. They said that the officer did not in fact have legal grounds to pull my husband over and that the ticket would get dismissed if we fought it. As for the over-charging on the ticket, that is not something that he can use to fight the ticket, it's something to sue the city over, a completely separate issue altogether, but valid and is in violation of Arkansas Laws (someone else can have that one - my husband is even willing let one go). Now, here's the kicker.... this attorney would cost us $1000! It was a well-known, high-profile attorney. So, $1000 on attorney fees or a $30 ticket? Easy choice for me... $30 ticket. But my husband got the ticket and he's actually considering the $1000! I'm asking him to at least consider looking for a cheaper attorney!!! My goodness!!!

 

[CdwJava]

My husband isn't ready to let this go yet, so we talked to a local lawyer today. They said that the officer did not in fact have legal grounds to pull my husband over and that the ticket would get dismissed if we fought it.

Of course the attorney said that. My experience is otherwise ... at least in CA it would be. I doubt this attorney can guarantee his statement.

Easy choice for me... $30 ticket. But my husband got the ticket and he's actually considering the $1000! I'm asking him to at least consider looking for a cheaper attorney!!! My goodness!!!

Yep. Expensive attorney for a no-points, nothing ticket? I'd say that's silly. And for that $1,000 he gets only a roll of the dice that he can prevail ... and, in my opinion, a less than even chance of winning that roll.

- Carl

 

[NotAnAttorney]

Apparently, they've actually had cases before where the client had been pulled over for no headlights on when it was raining. Of course, they wound up with more than a no seat belt ticket! And they've been able to get the whole case dismissed every time because it was an illegal stop. That's why he was saying it would be dismissed. If a drug case is going to be dismissed over the whole being pulled over for no headlights being an illegal stop, how likely is it that the city is going to want to fight for a $30 ticket? I think that's why the Attorney was so confident. But for $1000?

Today my husband says he wants to just go to court and plead not guilty and argue his case on his own without paying an attorney and if he still has to pay the ticket, so be it, but he at least wants his day in court. That I can live with. But I bet he winds up paying the ticket instead! He's starting to calm down and at least acknowledges that two wrongs don't make a right and he SHOULD have been wearing his seat belt!

 

[CdwJava]

Different courts might interpret it differently. Hence my thought that paying the money for an attorney for a roll of the dice likely wouldn't be worth it. And when you read most case law decisions they are often based on a very specific set of circumstances. Unless one of those decisions said, point blank, that the (a) section was unenforceable in rainy weather, it is likely open to interpretation or limited to a very narrow set of circumstances.

Plus, defense attorneys want your business so they will often tell you they might be able to win ... because, it's true - they might. Heck, they might know how the local court rules and believe they have a very good chance. But, it is still only "a chance".

For me, I'd probably lose money taking a morning off of work for a $35 seatbelt violation. But, I may be a little more practical than some.

- Carl

 

[NotAnAttorney]

My husband won't lose money by taking off work. We are Property Managers. We set our own hours. If it wasn't for that (and the fact that I have Strep Throat ) I'd probably put up more of a fight!