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post #1 of 43 (permalink) Old 05-01-2008, 08:53 PM Thread Starter
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Friggin seatbelt ticket!

I was taking my kid to baseball practice tonight and was pulled over within 50 feet of my driveway by our 2 week new city cop for not wearing my seatbelt. Literally, I pulled out of my driveway, turned left, saw him pass me, then he turned around and pulled me over all within a block. Needless to say I'm pissed, but for a few reasons:

1. The chime that reminds you that you aren't wearing your seatbelt hadn't even gone off yet. I had no chance to be reminded that I forgot it!

2. He asked me if the address was correct on my license and I stated yes, that he'd pulled me over almost in front of my house. I also told him who I am, what I do for a living, and that my wife works for the county circuit clerk. Usually here in small town USA that makes a difference, it had for me in the past. Not this time.

3. Since my wife works for the circuit clerk, I called one of her co-workers who deals with traffic citations all day long. She told me I could go to court and try to fight it/ask for supervision but I would still have to pay court costs of $140. Doesn't make sense when the ticket is $55. So, basically the system is rigged so you would be an idiot to take a small ticket to court, even if you're innocent (not saying I am). She told me the best chance I have to fight it was to talk to the police chief (who I know pretty well) and explain what happened and see if he might be willing to ask the state's attorney to drop the charges. I'll be doing this tomorrow.

4. Talking to other people in town, they too have expressed displeasure in seeing many more people being pulled over the past couple weeks than what is normal in our little town. I think he's taking his job a bit too seriously! Probably doesn't help that his father used to be police chief in our county seat, Dixon.

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post #2 of 43 (permalink) Old 05-01-2008, 09:02 PM
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So where you wearing your seatbelt?

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post #3 of 43 (permalink) Old 05-01-2008, 09:06 PM Thread Starter
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Originally Posted by OxmanWI View Post
So where you wearing your seatbelt?
See point #1 above...

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post #4 of 43 (permalink) Old 05-01-2008, 09:08 PM
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We recently had a county sheriff voted out basically for people over for every little thing. Until very recently, no seat belt was a secondary offense in VT.




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post #5 of 43 (permalink) Old 05-01-2008, 09:12 PM
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Originally Posted by Embalmer View Post
See point #1 above...
I'm not trying to be an a$$-troll Embalmer, but I always buckle my seatbelt and everyone in my car before it moves. You just got caught at the wrong time. Sorry about your ticket.

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post #6 of 43 (permalink) Old 05-01-2008, 09:17 PM
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The guy was just doing his job.Can't be mad at that.


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post #7 of 43 (permalink) Old 05-01-2008, 09:20 PM
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dude that sucks. we got a new cop here in palmetto a few months ago and he gave me a ticket recently for doing 37 in a 35 zone.. good thing my moms boyfriend is the cheif fire inspector and has really good connections you gotta hate those new cops. hell realize people dont like him and maybe that stick in his ass will shorten a little bit heh? we can only hope

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post #8 of 43 (permalink) Old 05-01-2008, 09:23 PM
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post #9 of 43 (permalink) Old 05-01-2008, 09:55 PM Thread Starter
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I really need to say in my "defense" that I ALWAYS wear my seatbelt. I have three small kids and I'm a real seatbelt enforcer. I've seen plenty of corpses that weren't wearing seatbelts. The thing that gets me mad is yes, I forgot to buckle right when I started the car, but if I was driving another 5 or 10 seconds, I would've heard the reminder chime and then buckled. He just saw me at the worst possible time.

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post #10 of 43 (permalink) Old 05-02-2008, 12:19 AM
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Currently here in MO they can't pull you over for no seat belt. They have to pull you over for another moving violation and then they can write you a ticket. And ten it's only $20.

I know because the wife got one about 1-1/2 years ago. She never wears hers.
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post #11 of 43 (permalink) Old 05-02-2008, 08:35 AM
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post #12 of 43 (permalink) Old 05-02-2008, 09:51 AM
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well, since I am a cop, I'll chime in. NO state is allowed to issue citations for seatbelt violations as a primary offense. Meaning, if thats the only thing your doing 'wrong' then we cannot pull you over. Now, if your speeding (primary) and I see you not wearing a seat belt, it's my discression wether or not to issue a citation.

Personally, I could give two sh*ts' less about an adult wearing a seat belt. Your an adult and you know the pros/cons for wearing one. Kids...no question. They are not buckled up, and you get a ticket. Or your an ass to me, you get a ticket.
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post #13 of 43 (permalink) Old 05-02-2008, 10:22 AM
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If you don't need your seatbelt on, you aren't driving hard enough

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post #14 of 43 (permalink) Old 05-02-2008, 10:24 AM Thread Starter
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well, since I am a cop, I'll chime in. NO state is allowed to issue citations for seatbelt violations as a primary offense. Meaning, if thats the only thing your doing 'wrong' then we cannot pull you over. Now, if your speeding (primary) and I see you not wearing a seat belt, it's my discression wether or not to issue a citation.

Personally, I could give two sh*ts' less about an adult wearing a seat belt. Your an adult and you know the pros/cons for wearing one. Kids...no question. They are not buckled up, and you get a ticket. Or your an ass to me, you get a ticket.
Sorry, officer. Here in Illinois you can get pulled over for no seatbelt without any other infractions. Heck, you can get pulled over if your passenger isn't wearing one and be ticketed for it. I was stopped at an intersection in front of my house doing nothing else but waiting for traffic to go by.

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Police in Illinois systematically enforced the seat-belt law last year, Stout says. Police set up thousands of "safety belt enforcement zones," in which one or two officers watched whether motorists were wearing seat belts. "If they're unbuckled, the officers pull them over or radio a car sitting up ahead and have it pull them over," he says. Police issued more than 58,000 citations in May for seat-belt and child safety seat violations, says Matt Vanover, a spokesman for the Illinois Department of Transportation.

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post #15 of 43 (permalink) Old 05-02-2008, 10:26 AM
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Originally Posted by Beerdog80 View Post
well, since I am a cop, I'll chime in. NO state is allowed to issue citations for seatbelt violations as a primary offense. Meaning, if thats the only thing your doing 'wrong' then we cannot pull you over. Now, if your speeding (primary) and I see you not wearing a seat belt, it's my discression wether or not to issue a citation.

Personally, I could give two sh*ts' less about an adult wearing a seat belt. Your an adult and you know the pros/cons for wearing one. Kids...no question. They are not buckled up, and you get a ticket. Or your an ass to me, you get a ticket.
guess you haven't been to Texas then..

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post #16 of 43 (permalink) Old 05-02-2008, 10:56 AM
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i never wear mine, unless its 2 am and had cold beverage or 2 or 10.
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post #17 of 43 (permalink) Old 05-02-2008, 11:34 AM
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i had my seatbelt ON and still got a fckin ticket!!!! it was $10 so i just paid it, rather than fight with the cop. i did argue for like 20min when he pulled me over though. i ALWAYS wear my seatbelt. it's habit and i never even think about it.

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post #18 of 43 (permalink) Old 05-02-2008, 11:56 AM
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Originally Posted by Embalmer View Post
Sorry, officer. Here in Illinois you can get pulled over for no seatbelt without any other infractions. Heck, you can get pulled over if your passenger isn't wearing one and be ticketed for it. I was stopped at an intersection in front of my house doing nothing else but waiting for traffic to go by.
the other quote from you post doesn't come up but basically...thats a planned/coordinated enforcement measure. The same as when they put 'all your eggs in one basket' and run radar on a stretch of road all day or do a massive DUI check near a lake or something similar where there is a reported history of DUI drivers.

As for the passenger bit, yes...but more states classify that as a failure to ensure safety of passengers or responsible driving habits...etc etc. depends on your state and how the law was written.
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post #19 of 43 (permalink) Old 05-02-2008, 11:58 AM
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guess you haven't been to Texas then..
Spent several years working in San Antonio. Frequently help out the Vernon TX PD when they need the help.
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post #20 of 43 (permalink) Old 05-02-2008, 12:41 PM
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hmmmmmm..

http://en.wikipedia.org/wiki/Seat_be..._United_States

seems you might be wrong?

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post #21 of 43 (permalink) Old 05-02-2008, 12:42 PM
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Spent several years working in San Antonio. Frequently help out the Vernon TX PD when they need the help.
i roll thru Vernon quite often.........
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post #22 of 43 (permalink) Old 05-02-2008, 03:44 PM
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hmmmmmm..

http://en.wikipedia.org/wiki/Seat_be..._United_States

seems you might be wrong?
Not exactly...but A for effort. You'll notice that the Wiki bit for Texas was dated on 1 September 1985. It also says the base fine is $200. Wrap your head around this...

According to Texas Department of Public Safety Motor Vehicle Law, Sec. 545.413 it is primary only IF you drive a car that was factory equipped with seat belts and allow a passenger to ride along, unbuckled. Both have to occur for that to be primary. Meaning, by the language of the written law, the driver has to operate a car and have a passenger not wearing a seatbelt--UNLESS they are doing traffic enforcement in a certain area like post #18 said and here is an example of such enforcement...
http://www.nhtsa.gov/portal/site/nht...d17110cba046a0

It does not say anywhere in that short bit of written law anything about the DRIVER wearing a seatbelt, only states those who are riding in a seat that is equipped with seat belts. Problem with that statement is it is open to interpretation but if you can show a judge that law, they will (should) have to comply with the written law, if not the intent.

Or you just happen to enter a county that allows for the primary offense to be the driver, not just a passenger which states are allowed that leverage, but it is normally posted in writing the county line. Some cities, such as mine, have seatbelt patrols that have been approved by local government to do seatbelt enforcement only. That is, you could speed right past them and all they can do is call another traffic cop. Their job is seat belts and seat belts only but thats not really cost effective-unless they rack up a lot of tickets

Bottom line, if you get pulled over for a seatbelt violation...might want to get off your duff and see the law for yourself. Not just take someones word for it. In most cases-especially for the starter of this thread-you could get off based on the mistake of the officer assuming you were alone in the car...but that just depends on where you live.
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post #23 of 43 (permalink) Old 05-02-2008, 03:44 PM
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i roll thru Vernon quite often.........

really? just for sh*t and giggles or do you come up to Oklahoma for anything?
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post #24 of 43 (permalink) Old 05-02-2008, 03:59 PM
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Several states have the seatbelt law as a primary violation. It's secondary in AZ but everyone should know which their state has. Bottom line if you hit the street and your in violation expect a ticket. It doesnt really matter if your 2 seconds from your house or 2 hours. There isnt a "grace" period to comply. Either you are or you aren't. I would hope you would want a diligent officer in your town because when the real bad stuff hits he's all over it. Just my opinion.

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post #25 of 43 (permalink) Old 05-02-2008, 04:04 PM
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really? just for sh*t and giggles or do you come up to Oklahoma for anything?
i do but dont usually hang with the local cops

but seriously i drive a truck and run up US 287 alot thats all i was getting at.
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post #26 of 43 (permalink) Old 05-02-2008, 04:14 PM
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i do but dont usually hang with the local cops

but seriously i drive a truck and run up US 287 alot thats all i was getting at.
No thats cool man. I was asking since most folks around here are not really car guys and it would have been cool to see another clean Bird in my neck of the woods.

287 is a speed trap from hell! Texas HI-PO patrol that thing like Nazis.
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post #27 of 43 (permalink) Old 05-02-2008, 04:21 PM
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I would hope you would want a diligent officer in your town because when the real bad stuff hits he's all over it. Just my opinion.
Ditto...big clue with the 'overzealous' cops is that they are not out to get the normal guy. A huge percentage of our big busts come from things like seatbelts, broken lights, no turn signal, traveling in the left lane w/o passing...stuff like that. So without the small stops, we would likely never catch the big fish. you would be surprised how many sex offenders, child rapists, murders and what not I have caught just on stupid no license plate lights.
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post #28 of 43 (permalink) Old 05-02-2008, 04:22 PM
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No thats cool man. I was asking since most folks around here are not really car guys and it would have been cool to see another clean Bird in my neck of the woods.

287 is a speed trap from hell! Texas HI-PO patrol that thing like Nazis.
yes they like the 4 wheelers mostly, being i work for a company out of Ft. Worth they are very friendly to us and dont ever give me any troubles..then again i follow all laws while otr.
I was in Altus awile back delivering....thats prolly close to your neck of the woods.
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post #29 of 43 (permalink) Old 05-02-2008, 05:03 PM
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This is my take, you were on the road, no seatbelt, now if you were still in your driveway and then he said something... that would be a different clue, just man up to it, you made a mistake and get over it, and never do it again.

Ya, its funny, Funny like a Clown.
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post #30 of 43 (permalink) Old 05-02-2008, 05:35 PM
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I personally work in a municipal court and a few things come to mind

1) in NY the first seatbelt ticket doesnt carry points I dunno about there

2) in the court where I am the mayor is always *****ing about ticket revenue they went out and bought one of those plate readers and write ridiculous amounts of tickets and they still *****

3) go to court and speak to the village attorney BUT since that probably carries no points the only thing he MIGHT be able to do is recommend a reduction in the fine BUT the state surcharge sticks no matter if he reduces it to zero (at least it does here)

4) whether you are an inch out of your driveway or 100 miles out of it its your responsibility is to put the seatbelt on as soon as you sit in the drivers seat and begin to drive

5) he couldve give you a courtesy since your wife "works for the circuit clerk" but theres never a guarantee on that

6) its his or her job to write tickets

7) personally I see WAY to many people on a daily basis crying about tickets and 99% of it is BS on the person who got the tickets fault (mind you I am mad lenient with people who pay tickets) there are just so many excuses and oh I know this one and I know that one just because you know the police chief doesnt make it ok to get away with a ticket whether its in your neighborhood or someplace else

basically I would set up a court date and try to speak to the attorney or bite the bullet and pay the ticket

depending on the attorney or the people in the court would be how your case would go

I know where I am personally I think its BS oh I know "so and so I got a ticket can you guys help me out" I treat everyone the same no matter what

what about joe schmo who doesnt know the chief that gets the identical ticket?

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