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Traffic Ticket - Failure to Wear Seatbelt When you are - $147
Today | Me

Posted on 05/28/2010 8:36:22 AM PDT by dila813

Just now, got a ticket when I and all my passengers had seat belts on.

I had a gray shirt and a gray seat belt. The Cop insists that he saw it hanging down.

Everyone in my car knows I was wearing a seat belt but they are all minors.

I will go to court and fight this, but what the heck.


TOPICS: Chit/Chat
KEYWORDS: tickets
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Since they can stop anyone now for not wearing a seat belt and I got a ticket even though I was wearing one.

The cop actually advised me that he couldn't have stopped me if I had tinted windows.

What the heck?

Something is wrong this seatbelt law.

1 posted on 05/28/2010 8:36:23 AM PDT by dila813
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To: dila813

Fight it.


2 posted on 05/28/2010 8:37:59 AM PDT by svcw (Habakkuk 2:3)
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To: dila813

You should have told him you are an illegal immigrant,then the laws don’t apply.


3 posted on 05/28/2010 8:39:11 AM PDT by Jack Wilson
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To: dila813
Make sure your witnesses are available to go with you to court, or give a notarized affidavit
4 posted on 05/28/2010 8:39:27 AM PDT by Kaslin (Acronym for OBAMA: One Big Ass Mistake America)
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To: dila813

We can stop people suspected of not wearing a seat belt even though it’s basically your word and your passengers word against the cop’s, but we can’t ask people to produce papers proving they’re in the country legally, even though that can be proven or dis-proven with documentation.


5 posted on 05/28/2010 8:40:18 AM PDT by YankeeReb
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To: dila813
How fast were you traveling ?
How fast was the officer moving when he hit the radar button ?
When was the last time his eyes were examined ?
What is his eyeglass correction ?
What evidence does he have that his eyesight is perfect at the combined speed ?

Get a lawyer. You can beat this.
Shove it down his throat.

6 posted on 05/28/2010 8:40:26 AM PDT by Eric in the Ozarks (Impeachment !)
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To: dila813
This is our corrupt Government at work. They make terrible laws that can be selectively enforced and since any corrupt law enforcement agent will never be overturned by the corrupt judiciary, then we all become the serfs they want.

Big ego trips for the low IQ class. Exactly what commies are.

7 posted on 05/28/2010 8:41:04 AM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: dila813

Aaaah, the long arm of the city revenue enhancement dept.
But seriously, law enforcement will be out in force for the holiday weekend thru Monday.


8 posted on 05/28/2010 8:42:40 AM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: dila813

End of the month; he’s light on his quota.


9 posted on 05/28/2010 8:44:09 AM PDT by TomGuy
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To: dila813

Take five different pictures of yourself from 30 feet or so from the car with the same shirt,belt etc. Four with the seat belt on the other without. Ask the cop in court which is the photo without the seatbelt.


10 posted on 05/28/2010 8:44:20 AM PDT by Timocrat
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To: dila813

It is like a game of monopoly. You just play by the rules and usually you do ok. It is not about right or wrong, moral or immoral. It is about generic laws that have statistical results, and individuals sometimes get chewed up in the gears. But it is rarely something REALLY painful.

Heck, in some parts of California the fine for not coming to a complete stop before a free right turn is over $500. And some of those fines are assessed by traffic light cameras. I’ve seen some where there is NO traffic and the car comes extremely close to a full stop, but they got the ticket. A human cop would consider the circumstances, but the machine does not. And I saw several cases where the camera was actually proven wrong.

You got by with less than $150 and if you were to fight it with the evidence at hand, you could probably win in court.

It’s a game. I just pay the stupid fine and am glad I landed on Baltic place with no buildings rather than Park place with a hotel. If a cop followed me around for a month and just wrote down infractions, I’d owe tens of thousands by the end of the month, so I consider the one ticket or so a year a good thing. ;)


11 posted on 05/28/2010 8:44:24 AM PDT by RobRoy (The US Today: Revelation 18:4)
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To: YankeeReb

Reb, what exactly does this have to do with the birth certificate? ;)


12 posted on 05/28/2010 8:45:21 AM PDT by Genoa (Luke 12:2)
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To: dila813

“fines” are the new revenue source for local governments. They are now tacking on all kinds of “Fees” as well. a $150.00 ticket can easily turn into $400.00 to $500.00.


13 posted on 05/28/2010 8:45:45 AM PDT by Michael.SF. (Even Hitler had Government run health care, but at least he got the Olympics for Germany)
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To: dila813

I have been thinking of making a seat belt holder that attaches to the door post and looks like a fastened shoulder/seat belt.

Think that will sell?


14 posted on 05/28/2010 8:46:58 AM PDT by Loud Mime (Plug da fence!)
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To: dila813

Another control issue for local govt. People are suffering so now is the time to kick them when they are down by taking more of their money. Ticketing citizens is a nationwide trend.


15 posted on 05/28/2010 8:47:07 AM PDT by Neoliberalnot ((Read "The Grey Book" for an alternative to corruption in DC))
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To: dila813
The police have become roving revenue collectors. It is not about the law and protecting the citizenry. It is about how much revenue each officer can bring in. The municipality also knows that it is difficult and expensive to challenge a ticket so many people will simply pay even if they are not guilty. If you intend to fight this, ask for all records concerning this officer as well as the cruiser video camera record. You might have to do this under FOIA or an open records law.

I assume that not wearing a seat belt is a primary offense in your state. Verify the legal citation listed on your ticket and any other pertinent information, such as a description of where, when and weather conditions at the time of the alleged offense. You also might check on the admissibility of statements from minors as evidence, also. Their statements might be critical.

16 posted on 05/28/2010 8:47:16 AM PDT by Truth29
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To: dila813

Click it or ticket. My saying is they can stick it up their -—. This weekend I need to travel from California back to Colorado.

For Colorado, for the past 14 years, the legislature always had a bill to make the enforcement primary or in other words, no reason needed such as another violation before they write you for seatbelt.


17 posted on 05/28/2010 8:47:16 AM PDT by CORedneck
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To: Kaslin

Can a minor do that?

Also, I have great pictures that show with the clothing I have you can’t tell.

I have one with and one without a seat belt

They look identical.


18 posted on 05/28/2010 8:49:32 AM PDT by dila813
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To: dila813

Ain’t it GREAT to live in a formerly free country??!!


19 posted on 05/28/2010 8:50:02 AM PDT by Oldpuppymax
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To: OldMissileer

He is the same cop by chance that refused to arrest illegals that stole my bike


20 posted on 05/28/2010 8:50:48 AM PDT by dila813
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To: dila813

My husband got a ticket for ‘using his cellphone while driving.’ He was scratching his ear. He very rarely uses his cp while driving/ company policy. He offered the policeman to look at his cellphone; he would see that he had had no calls coming in/out for an hour.

Didn’t matter in the least. He got the ticket. He is too busy to fight it. I think that is what they are counting on. Sounds like you met the same police mentality. Fight it, to be sure.


21 posted on 05/28/2010 8:51:11 AM PDT by bboop (We don't need no stinkin' VAT)
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To: dila813

I have yet to meet a cop who will admit he made a mistake in stopping you. It’s an ego thing. You’re just supposed to shut up and eat the ticket.

I’ll lay odds this jerk won’t even show in court if you fight it and the case will be dropped.


22 posted on 05/28/2010 8:51:25 AM PDT by IronJack (=)
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To: Loud Mime

Hell yea


23 posted on 05/28/2010 8:51:48 AM PDT by dila813
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To: Oldpuppymax

The issue is, they can now stop you for not wearing a seat belt, before they couldn’t.


24 posted on 05/28/2010 8:52:57 AM PDT by dila813
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To: CORedneck
For Colorado, for the past 14 years, the legislature always had a bill to make the enforcement primary ...

That still failed right? They still need to make up another reason to pull you over first?

25 posted on 05/28/2010 8:53:07 AM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: dila813
Classic example of how the nanny state works ...
When the fist seatbelts became standard in all new vehicles it was merely recommended you wear them when driving. These were the across the lap type seat belts. Shoulder seat belts came later.
Then state laws were toughened up requiring you to wear a seat belt, if stopped for some other infraction and not wearing a seat belt you could be fined.
Next came the stand alone seatbelt infraction, if you were observed not wearing one you could be stopped and issued a summons.
This really is about revenue enhancement, nothing else.
26 posted on 05/28/2010 8:53:57 AM PDT by BluH2o
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To: dila813
My last 2 pull-overs I received no tickets because of a Rush Limbaugh License Plate frame. The Policeman both times mentioned I see you listen to Rush - and let me go with just a warning.
27 posted on 05/28/2010 8:57:29 AM PDT by NavyCanDo (Palin will see the Potomac from Her House)
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To: dila813
He is the same cop by chance that refused to arrest illegals that stole my bike.

GET A LAWYER!

This is, most probably harassment as punishment for your demanding he do his job.

This cop is corrupt and it needs to be put on record.

28 posted on 05/28/2010 9:00:25 AM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: dila813

Most
patrol cars have video cams on the dash.The video will show what the officer saw.Force the officer to bring that video when you challenge the charges.


29 posted on 05/28/2010 9:05:12 AM PDT by puppypusher
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To: dila813

Absolutely, fight it. I’m a municipal court judge and a prosecutor (different jurisdictions :)) and eyewitness testimony that directly contradicts the ticketing officer’s version of events is very powerful.

Now, if you were wearing it improperly (under the arm, for instance), that’s still an offense - and it’s stupid as well, since they’re designed to work properly only when worn over the shoulder.

Colonel, USAFR


30 posted on 05/28/2010 9:06:01 AM PDT by jagusafr (Don't make deals with pirates)
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To: Navy Patriot

I don’t think it is harassment unless he was laying in wait.

We took pictures, I don’t think the guy could have even saw my face.

I am really scratching my head on this one.

I bet, it is like someone else said, revenue, when in doubt stop people and give them a ticket.


31 posted on 05/28/2010 9:07:03 AM PDT by dila813
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To: dila813

Its called revenue...short answer is ...its more profitable for the state to fine a a busy, employed taxpayer, who’s far more likely to pay the ticket, than take the time and energy off work to come argue.


32 posted on 05/28/2010 9:07:34 AM PDT by mo
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To: dila813

I almost got one as well one time. Not speeding or any other thing. It was a black on black car and I had a black or dark shirt. Chevy has those guides on the side of the seat and I assume the guy thought it was the buckle.

I argued vehemently that I was a family man and did not feel like being buried with a glass necklace and always wore my seatbelt (true). He just looked and me and said he would let me go with a warning this time. Gee thanks.


33 posted on 05/28/2010 9:08:07 AM PDT by doodad
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To: dila813
Lovely. We are having a big "Click It or Ticket" push here in Texas. The newly enacted law requires ALL passengers, front or back seat, to be buckled in.

Our local finest were running a trap under an overpass yesterday. They had three cars pulled over - while traffic was backed up for half a mile because of two stalled cars on the road. Did the locals call for or offer any assistance? Nope. They had tickets to write.

34 posted on 05/28/2010 9:08:53 AM PDT by TexasNative2000 (Chuck Norris wears Jack Bauer pajamas.)
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To: dila813

I got a $124 citation in an identical situation. Spent a couple of days putting together a defense with lots of photos of the car with me in it, showing how an illusion was created that the belt was not fastened; ticket dismissed.


35 posted on 05/28/2010 9:12:58 AM PDT by steve86 (Acerbic by nature, not nurture)
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To: puppypusher

I will, but I am sure they will make it hard for me to request it.

I don’t blame the cop except in the poor ethical judgment of enforcing a law in a situation where he couldn’t possibly know if I had a seat belt.

Someone must be telling him, go out and get money.


36 posted on 05/28/2010 9:16:53 AM PDT by dila813
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To: Michael.SF.

Not only that, it conditions the populace to obey to the letter.

Sheeple are made, not born.


37 posted on 05/28/2010 9:19:12 AM PDT by Leisler
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To: dila813
I don’t think it is harassment unless he was laying in wait. We took pictures, I don’t think the guy could have even saw my face.

Keep in mind that there is license plate character recognition software, that runs on laptops, that will real time flag requested plates that pass before the cruiser's camera.

If he has your plate number, the computer will tell him anytime you are near, he doesn't have to stalk you.

38 posted on 05/28/2010 9:19:19 AM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: dila813

I had something similar happen about 3 months ago. I was returning from work wearing a dark blue suit jacket. The seat belt straps are also dark blue. The cop pulls me over asks me why I was not wearing a seat belt. I explained to him I was (which I was). He went back to his car, came back and warned me that I should not wear any dark colored clothes when driving as it was too hard to tell if I was wearing a seat belt or not.


39 posted on 05/28/2010 9:21:25 AM PDT by crusadersoldier
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To: dila813

When the seatbelt laws were implemented in VA years ago, a cop could NOT stop a driver for a seatbelt violation only. It may have changed.

But they can’t pull over drug dealers all of whom drive cars with tinted windows, DARK tinted windows. Is this a great country or what?


40 posted on 05/28/2010 9:22:26 AM PDT by EDINVA
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To: dila813

this happened to me a few years ago. One officer stuck his hands inside my sunroof and his partner insisted I turn off the car, which automatically closes the roof. I insisted he remove his hand or the roof will close on it and he kept in in there. I turned off the car, his hand got caught in the roof and he wanted to charge me with assault.

Some people have no business working in the real world which is why they get govt jobs.


41 posted on 05/28/2010 9:25:31 AM PDT by newnhdad (The longest of journeys begins with one step.)
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To: dila813

Fight it. The officers failure to see something is a weak argument.


42 posted on 05/28/2010 9:26:56 AM PDT by Niteranger68 (Boycott PA 12!)
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To: dila813

Fight it. Fnn cops are just trying to be good field revenue collectors. My buddy has fought 3 of them so far and the cops are always a no show. More revenue to collect out in the field verses 1 person in court.


43 posted on 05/28/2010 9:30:36 AM PDT by US_MilitaryRules (Where is our military?)
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To: Navy Patriot

Hmmmm


44 posted on 05/28/2010 9:30:48 AM PDT by dila813
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To: Loud Mime

I guarantee you’ll sell one to somebody who crashes and blames you for their injuries.


45 posted on 05/28/2010 9:33:54 AM PDT by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: Niteranger68

The guy was in his car about 32-45 feet away in his car.

My Wife took a picture standing 16ft away, and you can’t tell, and she isn’t in another car.

I have the pictures, and no, I am not going to post them.

Unless this guy has xray vision, he didn’t see jack.


46 posted on 05/28/2010 9:34:11 AM PDT by dila813
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To: dila813

In America’s traffic copurts you are guilty until you can prove yourself innocent. It is one stage of American justice where they always take the cops word.


47 posted on 05/28/2010 9:34:33 AM PDT by Venturer
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To: newnhdad

Power


48 posted on 05/28/2010 9:35:40 AM PDT by dila813
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To: Venturer

Yes I know, that is why I am considering not bringing my kids into this.


49 posted on 05/28/2010 9:36:30 AM PDT by dila813
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To: crusadersoldier

Odd, it seems that a brownshirt would be just the *cough* ticket in his world.


50 posted on 05/28/2010 9:36:45 AM PDT by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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