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?
Bogus Seat Belt Ticket Lawyers I Need Help Please!!!
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I was with my wife one day when she got pulled over for a lane change with no signal. When she pulled over she took her seat belt off and the cop gave her a ticket for no seat belt as well, despite her arguing with him for several minutes. Bunch of crap.
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I would understand in that case if he walks up and you don't have the seat belt on at least having a case but I was already out of my car and walking toward Kroger before he pulls up.
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Should have kept walking.
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The guy already threatened to arrest me because I got out of the car and I refused to sign the ticket.
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Depending on the rules of your municipal court, you may be able to hire a lawyer to appear on your behalf and ask for a continuance.
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I would have to pay that lawyer right. I really don't think that because of a bogus ticket I should have to pay anything.
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I got a ticket like this and just decided that I would pay the $50 instead of missing work. It does kinda suck though because there is no way that you can prove you are right and they can pull you over anytime they want and give this to you.
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You know what is ridiculous is that in my state motorcyclists don't have to wear a helmet but they have click it or ticket. Seems stupid to me.
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In my state, police must pull you over for another violation before charging a seat belt violation. My friend, a big guy with a shaved head driving a large diesel truck was pulled over for failing to stop at a stop sign. He pointed out to the officer that there was not a stop sign at the intersection. The cop said, "oh yea,... but here is your seat belt ticket." He didn't fight it for missing work reasons.
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I had a cop pull me over for a right turn on red that I was 100% positive was green - not a single doubt in my mind. I was absolutely furious and damn straight I went to get an appeal/hearing. When I got there, there was the cop smooth talking the judge (or whatever). Before I could say anything, the judge goes, "you understand what you've done?" And before I say anything and go into the fact that it was a bullsh*t ticket, the judge says, "ok, dismissed." Didn't have to pay the ticket, ticket was off the record, and I was good to go (except missing work).
I would rather take the chance to miss work than get a moving violation that could add points to my record. The increase in insurance rates for the next 5 or whatever years is worth the risk of appealing.
Good luck! -
The thing is that it is just a ticket for seat belt so it won't even show up to my insurance. It costs me 25 to pay it or 250 to take off of work. I just think it is crap that they can just pull you over and say that I know you didn't have a seat belt and give you a ticket. I am thinking about reporting the cop and calling my local rep to say how I think that the law should be changed back to the way it used to be where you had to be pulled over for a moving violation for it to go into effect.
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The first thing that I would do is call your local representative and give him your story than make a formal complaint to the police about falsifying informayion this may get it dropped.
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I would also call my local representative and tell the the story. If you're the first, they'll jsut think you're a whacko or trying to get out of it, but if they've heard this before they'll know there's something going on. Failing that, pay the ticket. It won't be justice but it'll teach you humility.
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Call your city councilman and the mayor!!! And the Chief of Police.
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Well I emailed my representative and and called the chief of police. The chief of police said that they would look into the matter and that I would hear something back in the next day. The representative wrote back that this was a fear that they had when the law was changed last year from being something thing that was given after you were pulled over for something else to being something you could be pulled over for. He said he would appear at my trial if I would like. Do you think I should really call the mayor? I also caleld the courts to see if I could get my date moved up and they said no and that if I plead not guilty then they would give me another court hearing at that one. So I think in the end I am just going to end up paying the ticket because it isn't worth it to miss two days of work but I do think that it shows something wrong with our system. I also don't understand why when I plead not guilty that it can't be heard that day.
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Police department called me back and said they are not going to look into the matter because it is for the courts to decide. I said that the courts decide the fate of the ticket but that an officer falsifying information should be looked into by their department to which they stated that they will not look into it. I might go with the mayor now.
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Letsrun Junkie wrote:
Well I emailed my representative and and called the chief of police. The chief of police said that they would look into the matter and that I would hear something back in the next day. The representative wrote back that this was a fear that they had when the law was changed last year from being something thing that was given after you were pulled over for something else to being something you could be pulled over for. He said he would appear at my trial if I would like. Do you think I should really call the mayor? I also caleld the courts to see if I could get my date moved up and they said no and that if I plead not guilty then they would give me another court hearing at that one. So I think in the end I am just going to end up paying the ticket because it isn't worth it to miss two days of work but I do think that it shows something wrong with our system. I also don't understand why when I plead not guilty that it can't be heard that day.
There are many, many things wrong with out system. Chief among them is that police are free to make up information and courts are free to entirely ignore the law. -
THAT, my friend, is why you should always drive naked. Eliminates all seatbelt confusion.
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I guess I will have to resort to that now.
