Got a ticket for wearing a seat belt improperly even after I informed him that I am disabled and can't wear it over the shoulder. I tuck it under the arm and he didn't see it upon following behind me. I know that VC 27315 (g) puts me in the right but do I have recourse prior to fighting it in court?
2007-09-29 08:49:53 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I don't know where you are located, but in Texas if you have a disability that prevents you from wearing a seat belt properly you will have to have a letter from your doctor on hand to show the officer at the time of the stop.
If you do not have that letter at the time of the stop, then the officer was correct in issuing you the citation. Now you will have to prove your disability to the courts.
It is a shame we can't take people at their word anymore. Unfortunately people tell us all sorts of excuse as to why they broke the law. If we took them at their word without documentation we would never issue any citations. I am not saying you were making it up, but it's a cold hard truth that people lie to the police.
As far as recourse prior to fighting it in court, I would say it would be about the same as a no insurance ticket. Say I stop a car and they can not prove they had insurance at the time of the stop. I issue them a citation. They go down to the Municipal Court later with proof they had insurance at the time of the stop. The ticket is dismissed without going to trial.
If you take your citation along with your documentation to the court that holds your citation, you may be able to get the citation dismissed without ever going to trial.
2007-09-29 09:40:05 · answer #1 · answered by thanson73 4 · 2⤊ 1⤋
27315(g) only applies if the medical condition is documented by your physician, and it is documented, prior to receiving the citaiton why, as a result of the condition you need to wear the seatbelt in a fashion other than normal. Attending your traffic court hearing is your recourse, obtain a letter from your physician as to the reason the seatbelt must be worn other than normal, and more than likely the judge will side with you (unless he's a letter of the law judge.)
Hope that helps.
2007-09-29 17:01:57 · answer #2 · answered by trueblue3167 4 · 1⤊ 1⤋
According to the vehicle code section quoted, you will need certification by a physician regarding your disability to prove that the officer erred in the issuance of the citation, should you request a trial.
2007-09-29 16:04:45 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You will probably have to explain it in court. The officer should not have issued the ticket after finding out the situation. Unfortunately, the ticket was issued and will have to be adjudicated
2007-09-29 15:55:40 · answer #4 · answered by fangtaiyang 7 · 2⤊ 1⤋
i did the same thing as i bothered me ,,got popped 65 bucks i am now used to wearing it the over the shoulder
2007-09-29 22:25:54 · answer #5 · answered by goat 5 · 0⤊ 1⤋
no recourse prior to court take it to court
I hope the cops department will not pay him for court appearence
Cheers
2007-09-29 16:14:36 · answer #6 · answered by james b 3 · 0⤊ 3⤋