how can i dispute a seat belt ticket?

Question

a state tropper pulled me saying i wasnt wearing my seat belt when he passed. i did have my belt on and i dont not want to pay 100 dollars when i wasnt breaking the "law"

Answer 1

The ticket should say how to dispute it. I hate to say it, since you took the time to post this I must believe your telling the truth - but good luck. From a lawyer's perspective it seems unlikely that a Judge will take your word over a police officers. Testimony in Court often gets weighed by bias (does the person giving the testimony have any reason to lie or modify the truth). Because police officers don't stand to gain anything and you stand to gain financially, a Judge is more likely to believe the officer. Maybe if you contest it though they, like me, will see that you went to the trouble of fighting it and believe you.

Answer 2

Ticket such as these are hard to dispute. Judges generally don't like to send the message that they just side with citizens over the police. It is not worth getting a lawyer and few lawyers would take this case anyway. However, go to court on the day it says and plead your case to the judge. Do not under any circumstances imply that the cop is stupid, blind, or anything like that. Simply state your case and say that it is "possible" the police office made a mistake because the color of the seatbelt is the same color as the sweater you were wearing (and go buy a sweater that is very close to the color and bring it to court-you can always return it after court!). If you have a clean record, get a copy from DMV and offer to show it to the judge. And when going to court, for pete's sake, dress conservatively-it's a show of respect to the judge. You may get it drastically reduced, but if you have a clean record, the judge may let you off all together (this time!) It is worth going to court because your car insurance pemiums are likely to go up. Try geting it dismissed.

Answer 3

Secondary laws allow the police to ticket a driver who is not wearing a seat belt, but the police must have already stopped the driver for some other reason. A person who is speeding or who goes through a red light or whose tail light is out can be stopped and ticketed; a person who is obeying all the laws but is not wearing a seat belt will not be pulled over in a state with no primary law.

Answer 4

Depending on your state, you may be able to attend court to dispute this ticket; the info would be on the ticket itself. Again, could vary by state, but you might not need a lawyer. The officer who cited you may not even show and you could "win" by default--or the judge may not care, give you a lesser fine...

On the other hand, your time (off work, etc.) and other variables you may not be able to control may not be worth it.

Sometimes its about principle, so if that's the case, fight your innocence, but be prepared to also not win it.

Why were you pulled over anyway? Because you were not wearing a seat belt or another reason?

Answer 5

the nanny state laws that are becoming more and more frequent in my eyes are becoming constitutional issues. The legal battles required to fight something based on constitutionality is difficult.

Like smoking, drinking, doing drugs, not wearing a seat belt is self detrimental..

Unless you are willing to fight the ticket based on constitutional issues your fight will go no where.


Check out this article:

http://www.newswithviews.com/Mary/starrett12.htm

I again remind everyone of the civic responsibility we have in this country to make sure tyranny does not embed itself.

That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. -- Declaration of Independence.

Nanny State tyranny is as heinous as a dictatorial tyrant.. We need to fight it or our country will perish. We hang together or hang separately. The problem with the nannystate it issues a divide and conquer decree. So no group establishes to fight it.

I am a non-smoker and seat belt wearer. But the constitutionality of these nannystate pieces of crap legislation needs to be challenged.

Answer 6

It's not worth the hassle to hire a lawyer and go to court....just eat the $100 fine and be sure to have your seat belt on at all times.

Answer 7

Well you can pay 20,000 for a lawyer, just to get off 100$ . I say just pay the ticket and or get some advice..You really dont have any proof that you were or were not wearing a seatbelt.

Answer 8

the position you donning the seat belt *in the previous he pulled over your vehicle? changed into the motive force donning his/her seat belt? you also dont comprehend how lengthy he changed into following your vehicle so in case you lie you're committing perjury which will be punished by reformatory time throughout a seat belt value ticket?

Answer 9

WOW FIRST OF ALL $100 IS STEEP FOR THAT. OURS IS $25. I WOULD GO AND ASK FOR A CHANCE TO DISPUTE THE TICKET. IT MIGHT COST MORE THAN $100 IF YOU GET A LAWYER INVOLVED.

Answer 10

why bother? because you're going to have to pay court fees and lawyer fees and its just a waste of money..