NotAnAttorney
Member
What is the name of your state? Arkansas
My husband got a ticket for No Seat Belt today, which is crazy considering he usually wears his seat belt! Anyway, the officer told him that he was being pulled over for not having his headlights on (it was raining). First of all, the officer was BEHIND him, not in front of him to know that my car has daytime driving lights that are CONSTANTLY on anytime the ignition is on and the parking brake is off. I have my owners manual to prove that... but he didn't get a ticket for that, just a warning! Anyway, so I looked up the laws on it and I found a few things that I thought were interesting.
27-36-204 (B)(i) No vehicle or the operator of the vehicle shall be stopped, inspected, or detained solely for violations of the requirements of subdivision (a)(2)(A) of this section.
That's on the headlights during inclement weather.
27-37-704 No motor vehicle, nor the operator of such vehicle, nor the passengers of such vehicle shall be stopped, inspected, or detained solely to determine compliance with this subchapter.
That's on the seatbelt law.
27-37-706 (a) Any person who violates this subchapter shall be subject to a fine not to exceed twenty-five dollars ($25.00). (b) When a person is convicted, pleads guilty, pleads nolo contendere, or forfeits bond for biolation of this subchapter, no court costs pursuant to S 16-10-305 or other costs or fees shall be assessed.
Also on the seatbelt law.
So, we talk about it and we have mixed thoughts at this point. It seems obvious that the officer really had no grounds to pull my husband over in the first place since the law clearly states that he could not pull him over for the reason he specified as the reason for pulling him over nor could he pull him over for the reason he ticketed him for. But the law also says the fine can be no more than $25, either. So, we call the number on the back of the ticket and they say the fine is $30. It's only a $5 increase from the state law... but it does exceed what the state law says. We question it and they say that they have assessed an additional fee of $5 for the County Jail! Yet, section (b) says no other costs or fees shall be assessed.
Fighting it would only be a matter of principal in that while yes, we do need to always obey all state laws, including wearing our seatbelts at all times... but so do the police officers and the court officials. It would be simpler to go and pay the $30 before the court date. We could pay it today no problem. But then the city continues violating the State Laws as well.
If we choose to fight it, would we do that by filing a Motion to Dismiss based on the fact that the stop was an illegal stop and that the fine exceeds the State Law? Or would we absolutely have to hire a lawyer?
My husband got a ticket for No Seat Belt today, which is crazy considering he usually wears his seat belt! Anyway, the officer told him that he was being pulled over for not having his headlights on (it was raining). First of all, the officer was BEHIND him, not in front of him to know that my car has daytime driving lights that are CONSTANTLY on anytime the ignition is on and the parking brake is off. I have my owners manual to prove that... but he didn't get a ticket for that, just a warning! Anyway, so I looked up the laws on it and I found a few things that I thought were interesting.
27-36-204 (B)(i) No vehicle or the operator of the vehicle shall be stopped, inspected, or detained solely for violations of the requirements of subdivision (a)(2)(A) of this section.
That's on the headlights during inclement weather.
27-37-704 No motor vehicle, nor the operator of such vehicle, nor the passengers of such vehicle shall be stopped, inspected, or detained solely to determine compliance with this subchapter.
That's on the seatbelt law.
27-37-706 (a) Any person who violates this subchapter shall be subject to a fine not to exceed twenty-five dollars ($25.00). (b) When a person is convicted, pleads guilty, pleads nolo contendere, or forfeits bond for biolation of this subchapter, no court costs pursuant to S 16-10-305 or other costs or fees shall be assessed.
Also on the seatbelt law.
So, we talk about it and we have mixed thoughts at this point. It seems obvious that the officer really had no grounds to pull my husband over in the first place since the law clearly states that he could not pull him over for the reason he specified as the reason for pulling him over nor could he pull him over for the reason he ticketed him for. But the law also says the fine can be no more than $25, either. So, we call the number on the back of the ticket and they say the fine is $30. It's only a $5 increase from the state law... but it does exceed what the state law says. We question it and they say that they have assessed an additional fee of $5 for the County Jail! Yet, section (b) says no other costs or fees shall be assessed.
Fighting it would only be a matter of principal in that while yes, we do need to always obey all state laws, including wearing our seatbelts at all times... but so do the police officers and the court officials. It would be simpler to go and pay the $30 before the court date. We could pay it today no problem. But then the city continues violating the State Laws as well.
If we choose to fight it, would we do that by filing a Motion to Dismiss based on the fact that the stop was an illegal stop and that the fine exceeds the State Law? Or would we absolutely have to hire a lawyer?