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2nd offense tickets


swynx

Well-Known Member
Joined
Mar 26, 2008
Messages
2,401
Age
33
City
lewiston idaho
Vehicle Year
1994
Transmission
Manual
got pulled over for not having a front licence plate. Told the cop it was on the front go look. He does. He comes back and says "oh well, your not wearing a seat belt ill have to cite you for that"

Seat belts are second offence in Idaho. And my licence plate is defiantly visible. Big red white blue square in the middle of a black tube bumper. Can't miss it. A few people I was drinking with over the weekend said I can fight the ticket. Any one done this?

Ussualley I always wear a seat belt. They have saved my life and I feel uncomfortable without them. Been having problems with mine locking up and I can't release it. So I was actually looking for a replacment at the junkyard.
 
I think if the cop doesn't show up to the court date you don't have to pay it. But now a days, it's just about money, not safety. So you could try and fight it, but I don't know if it would be worth the time. I'm not so sure about the ticket process, I haven't got one yet, and don't plan too anytime soon.
 
So let me get this right, you got pulled over and removed your seat belt when you stopped to get your wallet with your license out, sounds right to me, unless you opened your mouth and copped to it, no pun well maybe
 
No it was never on. I recently got stuck seat belted in the truck for 15 minutes. Couldn't get it unhooked from the latch and it wouldn't pull out for more slack. So I wasn't wearing it.

And I never cop to anything...they have to prove it first.
 
If you have the time to contest it couldnt hurt maybe get the fine reduced or eliminated it depends if the judge got some the night before?
 
Have yopu tried pushing the clip together and then pushing on the button? Mine does that sometimes and I have had good luck getting it released that way.
 
Pay it and fix the belt. It's not worth wasting your time on fighting it.
 
Doesn't a dealer ship have to replace the seat belt if there is a defect with free of charge? I read somewhere that they had to.

Sent from my rooted SPH-D710 using Tapatalk 2
 
If you have the time to contest it couldnt hurt maybe get the fine reduced or eliminated

Around here, once in court judge can impose a fine up to $100 (I think) at their discretion even if it exceeds the standard fine for the offense. For many years that amount exceeded most traffic violation fines. Only in later years have they been going up and that $100 may have been increased too.

Anyway it was pretty routine for judges, on any challenge, if the judge found guilty anyway to impose the $100 fine as punitive response for challenging the violation.

If there is some lesser violation to "plead" down to it seems easier to get the prosecutor to do that but seat belt? What do you go down to?

Pay it and fix the belt. It's not worth wasting your time on fighting it.

I tend to agree, not worth the effort. Though sometimes the record of violation could show up undesirable ways. Like if someone was negligent in their driving struck you, caused some disability to you, even if you had your seat belt on, it might not be noted in the police report and this record of not wearing a seatbelt gets pulled into the mess. You are almost better off with a violation on record of missing plate than something relating to safety.

It seems to me that your only basis for contesting the ticket, and part of the questions, is if a seat belt violation is a secondary offense that can only be issued if stopped for another violation, because no other violation was issued, it isn't valid to issue this ticket. I don't know the law there so can't comment if any merit, but I am going to guess the officer covered himself by justifying the stop on the basis of not seeing a front license plate. It is entirely possible he saw the seat belt violation and intentionally didn't see the license plate to justify the stop.


Years ago I tried challenging a "failure to stay in lane" issued to me for having crossed a double yellow line. My defense was easy and logical and didn't dispute any facts. I had to cross the double yellow line to avoid ice in my lane, children on the right side of the road (by the ice), 200ft visibility (at the low speed I was moving) to know no risk from oncoming traffic. It was the prudent thing to do. The police officer had come around the corner up ahead as I was moving back into my lane, he was well over 150ft away, I was past the kids so he wouldn't have necessarily connected that with why I was there and ne hadn't given me an opportunity to say anything when he stopped me. Just asked for license, walked away, came back with ticket.

And you know what happened in court? The police officer flat out lied. He made a total tale of fiction. Claimed that I was also speeding, that I was begging him to cut me a break, that my being over the line was on the turn of the road rather than a strait section, that I had forced him completely off the road on the turn. That I was totally unprepared for and what I had to say made no sense in that context he created by his testimony and the judge of course imposed the bigger fine for such a terrible safety hazard I caused.
 
I'm not sure about your neck of the woods but around me seat belt tickets are are about $15...find out what the fine is first then decide if its worth your time. You could fight it but like the others said you won't win, even it you are in the right, the courts really don't care. At least that's my 2 cents
 
I've tryed everything to get it apart. I got angry first thats why it retracted on me. And yeah the ticket is 10$ I was just curious to see if any one has fought any charges like this. Bogus the way I got pulled over.
 
When you say locking up and not releasing. Do you mean the latch of or do you mean the inertia reel?

The latch I had one with broke spring. I ended up getting a replacement. In the mean time maybe you can move the one from the passenger side to the driver side? Or maybe even plug in on the passenger one? I wouldn't recommend for safety, but perhaps better than none and keep the police off your back.
 
When you say locking up and not releasing. Do you mean the latch of or do you mean the inertia reel?

The latch I had one with broke spring. I ended up getting a replacement. In the mean time maybe you can move the one from the passenger side to the driver side? Or maybe even plug in on the passenger one? I wouldn't recommend for safety, but perhaps better than none and keep the police off your back.

Both. You plug it in and it won't unlatch. If you get angry and try to force it the inertia reel will lock up then your strapped in. And if there was a wreck and the truck caught on fire I would be stuck in a oven.

I ordered some harnesses just waiting for them to arrive :)
 
Both. You plug it in and it won't unlatch. If you get angry and try to force it the inertia reel will lock up then your strapped in. And if there was a wreck and the truck caught on fire I would be stuck in a oven.

I ordered some harnesses just waiting for them to arrive :)

Unless it adds points to your license, you're going to miss more than $10 worth of hours at work fighting the ticket. Easy decision there(just pay it). If your state allows you a trial by mail then go that way.
 
Something doesn't sound right. You already acknowledge us that you weren't wearing your seatbelt. But the cop originally pulled you over for a missing front license plate (which was there) and then cited you for not wearing your seatbelt. If a cop doesn't cite you for every reason why they pulled you over to begin with, I would claim BS on them and try to fight it (if it's worth fighting for). Sounds like they were just trying to find another reason just to justify themselves. It's another thing if they do find something wrong with your vehicle after they pulled you over and let you go with a warning.

If the ticket is only $10 with no points on your record, pay it. But if it adds points to your record, then possibly fight it as it can affect you later.
 

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