I've had a few situation like this and I get all riled up and want to fight over principle but no matter how you slice it you lose. Pay 50 bucks or so or take the time to win but either way it's a lose/lose situation.
I've had a few situation like this and I get all riled up and want to fight over principle but no matter how you slice it you lose. Pay 50 bucks or so or take the time to win but either way it's a lose/lose situation.
As a cop I say fight it. That's what courts are for. If everyone was guilty of what they were accused of there would be no need for them.
15 minutes for a motor vehicle stop in which a DL is checked and citation is written is not all that long. And while its excellent that you have a clean driving history.... how would the officer know that? Without... you know, looking it up?
As far as the temperature outside... it really has no bearing on the situation at hand. When you combat the ticket, focus on the facts If that Officer made a mistake, its a mistake. I see no 8th amendment rights violations. Don't sensationalize the situation. It won't help your cause. Stick with what you know. You were wearing your belt and the officer was mistaken. Be confident but not arrogant. If you're goal is to beat the ticket you should be fine.
If your goal is to sound like a sovereign citizen, talk about statutes you aren't quite familiar with and throw in periodic claims of "corruption."
Fightit wrote:
As a cop I say fight it. That's what courts are for. If everyone was guilty of what they were accused of there would be no need for them.
15 minutes for a motor vehicle stop in which a DL is checked and citation is written is not all that long. And while its excellent that you have a clean driving history.... how would the officer know that? Without... you know, looking it up?
As far as the temperature outside... it really has no bearing on the situation at hand. When you combat the ticket, focus on the facts If that Officer made a mistake, its a mistake. I see no 8th amendment rights violations. Don't sensationalize the situation. It won't help your cause. Stick with what you know. You were wearing your belt and the officer was mistaken. Be confident but not arrogant. If you're goal is to beat the ticket you should be fine.
If your goal is to sound like a sovereign citizen, talk about statutes you aren't quite familiar with and throw in periodic claims of "corruption."
Timely advice.
I know it's late, but here's what to do.
Get the cop's information and find where he/she lives. After enough time passes, inflict roughly five times the ticket amount onto the pig's property. Feel free to adjust the damage amount up or down as you see fit.
You're welcome.
If you got your police chief to call you back simply restate your case - sounds like hes willing to rip the tix up.
I'm not a cop or lawyer and not sure how these infractions go compared to speeding tix but in your case the deputy probably has the ability to use his judgement and not defer to a court case.
Don't expect an apology or even a hint of admission that perhaps the officer didn't use his best judgement. A cop is not going to rollover another cop especially for your supposed seltbelt infraction. If what your saying is true and accurate then likely the chief will agree and handle the matter personally and internally as he feels appropriate. He's going to pissed about getting phone calls and taking care of extra paperwork caused by ticket happy cop and will let said cop know about it.
Go to the court asap. Speak to the clerk of the court and ask to see the judge. They will put you on the docket at the end of the morning or afternoon session. The judge will either listen to what you have to say and dismiss the ticket or give you a continuance when the officer can be there to. No matter what happens at least you make the cop inconvenienced to have to show up at court another day. They usually are no shows if that is the only appearance that day. Just remember if you loose the judge can raise the fine for going to court.
Oldie wrote:
Go to the court asap. Speak to the clerk of the court and ask to see the judge. They will put you on the docket at the end of the morning or afternoon session. The judge will either listen to what you have to say and dismiss the ticket or give you a continuance when the officer can be there to. No matter what happens at least you make the cop inconvenienced to have to show up at court another day. They usually are no shows if that is the only appearance that day. Just remember if you loose the judge can raise the fine for going to court.
Yes, ASAP. The original post was SEVEN YEARS AGO!
So what happened. I'm dying to know.
I had almost the exact thing happen to me. The cop was 50-100 feet off the road radioing to a road block ahead. I heard the cop at the road block say "red car?", and then he told me to pull over.
I had my daughter take pictures of me in the car from 50 ft away and argued that it is impossible to tell if I was wearing a seat belt in my 2002 red Ford Contour. The seat belt was also grey, as was my shirt.
I argued further that not seeing a seat belt is not the same as seeing me not wearing a seat belt.
I sent all this to the judge together with a not guilty plea. The cop never showed, and the judge let me off.
Letsrun Junkie wrote:
So I am going to Kroger and as I am getting out of my car a cop pulls up behind me. I am thinking to myself what did I do. He gets out of the car and I say what did I do sir. He says that he saw me not wearing a seat belt. I tell him that yes sir I was wearing a seat belt but he swears he saw me without it. Asks for my license and registration and for me to get back into the car. He comes back and gives me a ticket for not wearing my seat belt. I ask him where he saw me without the seat belt and he tells me he was driving the opposite direction on a 4 lane road with a turning lane and saw it as I was going past him. That means there were two lanes between me and him. I tell him sir I was wearing my seat belt are you positive it was me. He tells me yes he went around another direction and then saw me from the side with a car between me and him again. Now here is the catcher. I am wearing a black shirt, my car interior is black and my seat belt is black. To be honest from 3 feet away you can't tell that I am not wearing a seat belt. So here is the situation I want to fight it in court and bring pictures of everything but I am a teacher and the court date is my first day of school. They say that they can't move up the date they can only postpone it if I go before the court on the date that is already assigned. So obviously that is not going to do me any good. Here is my questions. I personally from the pictures think I will be able to win easily because you really can't tell superman himself couldn't. If I have to take off of work they are going to charge me the day off which is $250 is there anyway if I win that I can get that money back.
Also it was 107 degrees outside and I had to sit in my car for 15 minutes while this guy checks my perfectly clean record. Any 8th amendment rights things I can bring up about that one?
In California you can do a "Trial by Declaration" for a traffic ticket. Check your state to see if they allow it.
Are you white?
This thread made my day...
wow 3 pages of posts and I have not seen you say your going to sue, start a petition or start a goofundme. I am shocked
Just pay the ticket you twat and be done with it