27315 (E) help!

[Skid187]

My father was parked outside a store and when I came out of the store I got into the vehicle and handed him his change and he started driving as I was drinking from my Gatorade so I put the lid on the bottle and grabbed for my seatbelt and put it on but there was a CHP parked on the opposite side of the road and he pulled out and flipped behind us but by then it was on so we pulled over. I got a ticket for 27315 (E), do I have a chance of winning a trial by written declaration? The vehicle was not even up to 15 MPH yet and we were still within 500 ft from the store. If I knew he was gonna take of as soon as I sat in my seat I would have buckled right then but I was dying of thirst cause it was 98°f. Out and I just got done loading several bags of livestock feed in the trailer attatched to our vehicle. Yes the belt was not buckled yet when he seen me but it was well done latched before his lights came on. Any advice is greatly appreciated. Oh don't know if it matters but on my ticket the office wrote we were driving a 2009 ford expedition but our expedition is only a 1999.

 

[CdwJava]

Sorry, but, you were in violation of VC 27315(e), which states: "A person 16 years of age or over shall not be a passenger in a motor vehicle on a highway unless that person is properly restrained by a safety belt. ..."

The statute does not give any break for distance traveled or the time in the car. You have zero grounds to defend against the cite.

 

[FlyingRon]

You can dodge the ticket by taking the seat belt class.

 

[Just Blue]

It takes less than a second to put on a seat belt...jus' sayin'.

 

[CdwJava]

You can dodge the ticket by taking the seat belt class.

Seatbelt class??

Never heard of that. In what county is that offered?

 

[Just Blue]

Seatbelt class??

Never heard of that. In what county is that offered?

Yeah...Like does one have to sit in a car and learn to take the buckle and place it in the slot? Is there really a CLASS on that? What the hell is this country coming to that it would be required?

 

[FlyingRon]

(h) Notwithstanding subdivision (a) of Section 42001, a violation of subdivision (d), (e), or (f) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense. In lieu of the fine and any penalty assessment or court costs, the court, pursuant to Section 42005, may order that a person convicted of a first offense attend a school for traffic violators or another court-approved program in which the proper use of safety belts is demonstrated.

 

[Just Blue]

(h) Notwithstanding subdivision (a) of Section 42001, a violation of subdivision (d), (e), or (f) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense. In lieu of the fine and any penalty assessment or court costs, the court, pursuant to Section 42005, may order that a person convicted of a first offense attend a school for traffic violators or another court-approved program in which the proper use of safety belts is demonstrated.

just wow.

 

[CdwJava]

So ... Traffic School. It's not a special seatbelt school, then. I thought you were referring to some special seatbelt-only school out there.

 

[Zigner]

I'd just like to point out the word "may". The OP *may* be able to take traffic school. Not "can", but "might be able to".

 

[FlyingRon]

I agree with Zig. I should have said he could SEE if the school would get him out of the ticket.

But there could indeed be a special "seat belt" school: " or another court-approved program in which the proper use of safety belts is demonstrated. "

 

[Just Blue]

I agree with Zig. I should have said he could SEE if the school would get him out of the ticket.

But there could indeed be a special "seat belt" school: " or another court-approved program in which the proper use of safety belts is demonstrated. "

It just is mind boggling that it should be necessary.