Seatbelt ticket

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schwinger

schwinger

1972 Dodge Dart Swinger
Joined
Jun 24, 2008
Messages
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Location
Fresno, California
I recently got a seatbelt ticket in my 72 dart a couple weeks ago coming back from church and wondering if I can beat this in court. I was wearing the lap seat belt but the cop that pulled me over told me I’m required to wear the shoulder part also which I’ve explained to him it’s a 2 piece design and I figured it’s an option and also told him I’ve been pulled over multiple times and the cops said the lap seat belt is fine but no this asshole still gave me a ticket.
 
If this is the way you describe a LEO, maybe you left church before you were ready?
 
Refer to the the cop that way in court & see how the judge judges your case.
 
44070dart said:
Don't know .. not to sound like your mom, but why wouldn't you wear the shoulder belt ..lap belt holds your *** in place, while your head bangs everything it can reach
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I just got so use to the lap seatbelt in that car I don’t even use it and the shoulder strap always unhooks at the bottom to where i just don’t use it
 
Good luck, if the ticket says "no seatbelt" then you weren't wearing your seat belt. It his word against yours and I can tell you your word wont cary any weight.
 
Alaskan_TA said:
Refer to the the cop that way in court & see how the judge judges your case.
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I know but I was actually being nice to the guy, even waved at him while he was passing me and he turned around and pulled me over, joked around with him about did you pull me over because I waved at you and gave me a ticket and I was just about 100 yards away from my home too
 
schwinger said:
I recently got a seatbelt ticket in my 72 dart a couple weeks ago coming back from church and wondering if I can beat this in court. I was wearing the lap seat belt but the cop that pulled me over told me I’m required to wear the shoulder part also which I’ve explained to him it’s a 2 piece design and I figured it’s an option and also told him I’ve been pulled over multiple times and the cops said the lap seat belt is fine but no this asshole still gave me a ticket.
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By law, you are required to use all of the seat belts the car came with. Since the car came with a shoulder belt, the law requires that you use it.

The Police Officer was simply enforcing the law as written. He doesn’t write the law, it is just his duty to enforce it. Just because other officers allowed you a pass doesn’t mean he had to.

You will lose in court if you decide to fight it because while a Police Officer has some judgement in enforcing the law, a Judge does not have that same latitude when it come to ruling on the enforcement when it is consistent with the law as written.
 
I use my lap belt all the time with no issues, some of the cars did not even have a shoulder belt. My 69 fish does but stay strapped up. Until recently I was not required to use one at all in my old 74 truck. State laws vary so hard to say.
 
Ddaddy said:
By law, you are required to use all of the seat belts the car came with. Since the car came with a shoulder belt, the law requires that you use it.

The Police Officer was simply enforcing the law as written. He doesn’t write the law, it is just his duty to enforce it. Just because other officers allowed you a pass doesn’t mean he had to.

You will lose in court if you decide to fight it because while a Police Officer has some judgement in enforcing the law, a Judge does not have that same latitude when it come to ruling on the enforcement when it is consistent with the law as written.
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Mmm well ****.. wonder if it’s possible then to lower the fine which I just found out earlier it’s a 253 dollars
 
If it was an option and did not come with it and you could prove it I think you would have a case BUT... it didn't. You are screwed.
 
Only in California, you should have run away years ago!
 
Or you could follow the "Law" and wear the seat belt or tell them that you a Liberal and they'll proly dismiss the ticket
 
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Hell he had it on. It said seat belt right! Not sure but never saw a law that said shoulder belt!

Go to court and leave that state!
 
schwinger said:
Mmm well ****.. wonder if it’s possible then to lower the fine which I just found out earlier it’s a 253 dollars
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I doubt it. There is no basis for a fine reduction since the law does not allow for “partial credit”.
 
1969383S said:
Only in California, you should have run away years ago!
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I lived in Arizona for awhile and came back to ca for work but should I should of stayed in AZ. Well I guess I’m screwed then. Am going to court tomorrow for it, hopefully I can get the fine lowered. Worth a try or I might get lucky with a cool judge idk
 
1969383S said:
Hell he had it on. It said seat belt right! Not sure but never saw a law that said shoulder belt!

Go to court and leave that state!
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Read the law as written in that, and every other state that has a seatbelt law. You must use all of the seatbelts that the vehicle was equipped with at the time of production.
 
You are required to wear the seat belts that came with the car. Mine did not come with rear seat belts, but as soon as you install them, they must be used. My 64 chevelle came with nothing if I remember correctly.
 
schwinger said:
I lived in Arizona for awhile and came back to ca for work but should I should of stayed in AZ. Well I guess I’m screwed then. Am going to court tomorrow for it, hopefully I can get the fine lowered. Worth a try or I might get lucky with a cool judge idk
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If I was your judge I would smile and say dismissed then charge the authority with a waste of my time!
 
Ddaddy said:
Read the law as written in that, and every other state that has a seatbelt law. You must use all of the seatbelts that the vehicle was equipped with at the time of production.
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Show me that!
 
Ddaddy said:
Read the law as written in that, and every other state that has a seatbelt law. You must use all of the seatbelts that the vehicle was equipped with at the time of production.
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And does that mean I must wear all of them. Be a little hard to have front and rear both sets on at the same time. Not trying to be a total smart *** but were does it end!

Read literally it seems as such.
 
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