Seat belt ticket

ellwoodjake

Twelve Pointer
Anybody got one of these in a while, talk about sticker shock!! I just acquired one of these from a trooper yesterday and he then admitted that's the ONLY reason he pulled me over. He claims he saw it as I passed by, but I don't buy it. I know these guys are supposed to be hyper observant, but catching a glimpse of a seatbelt through a closed, tinted passenger window seems a little far fetched. Has anyone ever challenged one of these in court? So far, I have taken several photos from the right side of the vehicle, and the only way the belt is even remotely visible is at a certain angle, through the windshield; and even then, I believe a driver would hide it. I'm not normally a whiner, but just a stickler for citizen rights and probable cause. I know the state is hard up for revenue, but, damn!! All tips are appreciated.
 

Justin

Old Mossy Horns
ellwoodjake said:
Anybody got one of these in a while, talk about sticker shock!! I just acquired one of these from a trooper yesterday and he then admitted that's the ONLY reason he pulled me over. He claims he saw it as I passed by, but I don't buy it. I know these guys are supposed to be hyper observant, but catching a glimpse of a seatbelt through a closed, tinted passenger window seems a little far fetched. Has anyone ever challenged one of these in court? So far, I have taken several photos from the right side of the vehicle, and the only way the belt is even remotely visible is at a certain angle, through the windshield; and even then, I believe a driver would hide it. I'm not normally a whiner, but just a stickler for citizen rights and probable cause. I know the state is hard up for revenue, but, damn!! All tips are appreciated.
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I got one and had my seat belt on, no tint, and a yellow shirt. I was PISSED but at the time it was $75. I figured throwing a fit would cost me more, so I took my lump and moved on. He said I put it on after he pulled me over. 🤦🏼‍♂️🤷🏼‍♂️
 
Mr.Gadget

Mr.Gadget

Old Mossy Horns
Be glad he did not write you a ticket for the window tint.

If you say he could not see it or you because of the tint it may be too dark.

When they ask you in court under oath what will the answer be was it on? Yes or no?
 
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ncscrubmaster

ncscrubmaster

Twelve Pointer
Contributor
I had two back to back several years ago. I didn’t have my belt on and I admit that. The first trooper passed me and turned on me like yours. My windows were not tinted but still can’t see how they can determine the belt being on passing at 55. Try it some time it’s tough to see I mean they don’t have super powers. They need probable cause to stop you and if you can’t see the belt then he had no right to stop you. If I we’re you (and probably will be in the future) I would fight it. Now with that being said we all know who the judge is going to side with. You stand a chance that the trooper won’t show up in court that day. Its a money grab and we all know it. Big money coming in with very little effort. Personally the law is :donk:donk:donk:donk:donk:donk:donk:donk anyhow. The trooper wanted to give me a speech about the seat belt saving my life. I cut him off and ranted on him for over five minutes. My truck, my life, my death doesn’t affect him in anyway. Dont get me started on window tint. My truck my windows I work out of that truck all summer at 90 plus and that is the only cool place to get out of the sun. I’m not taking it off end of subject. I understand officer’s safety and anytime I go through a license check or anything like that I roll them all down. Sorry for the rant but move on and find a real crime. Side note I called them and asked for help on my road with speeding and they told me they didn’t have time or man power. Told me I was on my on. I’m sure the seat belt tickets rolled right on.
 

JFH3006

Ten Pointer
I think u can speak with the DA or maybe clerk of court and they will reduce to no seatbelt in back seat that is a $25.00 fine and no effect on driver license or insurance. Daughter got one and had seat belt on but removed when getting license out. So easy route was the above rather than fight.


Sent from my iPhone using Tapatalk
 
wolfman

wolfman

Old Mossy Horns
beavercleaver said:
Seatbelts tickets sound like Bloomberg...no salt for you and only 1 ..12 oz soda with your meal....if you want to be ejected from your vehicle in a crash it should be your choice.but to mandate it is bs
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and on the same end, if someone else were to cause the accident, i don't think they should be charged with vehicular manslaughter if that person is not wearing their seat belt.
 

302cj

Old Mossy Horns
I got one 20 years ago. I was pissed about it since I WAS wearing it. He told me he was sent to that road to write speeding tickets because of all the complaints. Being I was running 70 in a 55 I told him thanks!
 
wncdeerhunter

wncdeerhunter

Old Mossy Horns
ncscrubmaster said:
I had two back to back several years ago. I didn’t have my belt on and I admit that. The first trooper passed me and turned on me like yours. My windows were not tinted but still can’t see how they can determine the belt being on passing at 55. Try it some time it’s tough to see I mean they don’t have super powers. They need probable cause to stop you and if you can’t see the belt then he had no right to stop you. If I we’re you (and probably will be in the future) I would fight it. Now with that being said we all know who the judge is going to side with. You stand a chance that the trooper won’t show up in court that day. Its a money grab and we all know it. Big money coming in with very little effort. Personally the law is :donk:donk:donk:donk:donk:donk:donk:donk anyhow. The trooper wanted to give me a speech about the seat belt saving my life. I cut him off and ranted on him for over five minutes. My truck, my life, my death doesn’t affect him in anyway. Dont get me started on window tint. My truck my windows I work out of that truck all summer at 90 plus and that is the only cool place to get out of the sun. I’m not taking it off end of subject. I understand officer’s safety and anytime I go through a license check or anything like that I roll them all down. Sorry for the rant but move on and find a real crime. Side note I called them and asked for help on my road with speeding and they told me they didn’t have time or man power. Told me I was on my on. I’m sure the seat belt tickets rolled right on.
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What if I told you that probable cause isn’t the standard needed to stop?
Also, seeing a seatbelt on or off isn’t that difficult - you may not see them all, but most you can.
 
Fudd

Fudd

Four Pointer
I do not like wearing them either, but I sure like being around to tell you that I don't like it. So I just keep wearing it.
 
UpATree

UpATree

Ten Pointer
Contributor
wncdeerhunter said:
What if I told you that probable cause isn’t the standard needed to stop?
Also, seeing a seatbelt on or off isn’t that difficult - you may not see them all, but most you can.
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LEO must have a reasonable, articulatable suspicion (RAS) that you are involved in a crime to detain you. Traffic stops based on random criteria, e.g., every fifth car passing through a checkpoint, are also permitted, but in either case, the duration of the stop must be comensurate with the seriousness of the suspected crime.

Saying that he observed you without a seat belt gives him RAS. So is going 56 in a 55 (this happened to me near Kenansville once; I was home from the Navy and had FL plates). And once stopped, he can say he smelled alcohol, observed the grip of a pistol sticking out from under the seat, etc., which would permit further investigatory detention and search.

The Libertarian in me agrees with those who say that free men should be allowed to make seat belt decisions for themselves. The Patriot in me says this violation of my Fourth Amendment rights should not be allowed to stand. The Pragmatist in me says to go to the courthouse and try to work something out with the DA.
 
41magnum

41magnum

Twelve Pointer
ellwoodjake said:
stickler for citizen rights
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we don't have the right to break laws
AND
they are trained to look at where the shoulder strap comes over...now if YOUR man only came from the side, it'd be tough thru tinted windows BUT if you met him head on, he could see
BOTH times I been pulled for not having it on, I met/passed them head on, I'm convinced they train for it

A judge/DA may reduce the ticket, they did for me!
 
thandy

thandy

Ten Pointer
My BIL refuses to wear one and normally gets mouthy with the cop when he gets a ticket... why I don't really know. He is also the type to budget everything out, including a certain amount each month to cover tickets.
 
Soilman

Soilman

Old Mossy Horns
Contributor
Something that you did HAD to have alerted him to you in some way. Doesn't necessarily mean you did anything wrong, aside from the seat belt. I had two policemen (one car) pull me over in Charlotte. I knew EXACTLY why they pulled me, and it wasn't, as they told me, "weaving down the road". They pulled me because they observed me leaving a bar, where I'd briefly met a friend and only had 1 non-alcoholic beer because I knew I was not staying long. I saw them coming down the road just before I pulled out, and they immediately pulled in behind me. I wasn't ticked because they pulled me, but I was ticked off because I knew they lied about the reason.
 
dlbaile

dlbaile

Ten Pointer
Wife got one here about 2 months ago , had an emergency at home where the electrical panel on outside caught on fire, I was there but she got scared and left work to come home,worried about her 4 legged babies , so anyway she has never had a ticket of any kind ever,wasn't thinking straight forgot to put it on, long story short took everything with us to court electrician's bill, duke energy statement about why power was turned off, pictures i took of the breaker panel , to no avail. DA said there wasn't a good enough reason ever to not have it on ,wouldn't even look at my proof or evidence I had brought with me, $179.00 gone .
 

Justin

Old Mossy Horns
I’ve had two. Wore both times. One was utter BS which I mentioned earlier. The other I was grateful for. I had it on but it was that or 115+ in a 60. Easy choice
 
JoeSam1975

JoeSam1975

Twelve Pointer
Contributor
Most Leo's I know are also trained that if you break one law you are probably going to break others.
 
buckshooter

buckshooter

Old Mossy Horns
perfectroadglide said:
Having been a trucker over forty years, I've seen more people die from not wearing belts than wearing belts, but I still think it shouldn't be a law. With that being said I hook mine before the key goes in the ignition.
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x 2 here. After 40+ years under the wheel I’ve seen way too many die for not wearing a seatbelt.

they’re there for a reason. Easiest law on the planet to obey.
 
BarSinister

BarSinister

Old Mossy Horns
I just wear mine. Safer with it on.

I did have an officer write me a seat belt ticket and said he was cutting me a break over the speeding ticket I probably deserved.
 
DC-DXT

DC-DXT

Twelve Pointer
I don’t think you should be required to wear, but it’s the law. I got 2 seat belt tickets in the 90s and decided it was cheaper to just wear it. One of them I was pulled over for it. 2nd one was a little fender bender & cop asked, so I admitted to it hoping that “honesty is the best policy“ would maybe get me a little slack. It didn’t work.
 

ellwoodjake

Twelve Pointer
Soilman said:
Something that you did HAD to have alerted him to you in some way. Doesn't necessarily mean you did anything wrong, aside from the seat belt.
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This was my first thought as well. And is why I asked the cop straight up, why he pulled me over. I actually asked him twice, just to make sure I heard him correctly. He was sitting beside the road, watching radar and actually clocked me at the speed limit, says so right on the ticket. I strongly believe the first time he ever laid eyes on me or my seat belt, was when he walked up to my door. Yeah, my windows are dark, and that may be the real reason for the stop, however, he never mentioned it; and it always passes inspection. The rear and back windows are especially dark. I think I'll see what the D.A. will do. It's a given that the cop won't be there for the initial appearance. If the DA schedules me back for a trial, would I be out of line to ask for dash cam/body cam footage?
Whether or not the belt was on when I went through the speed trap is irrelevent IMHO. Sometimes a man has just gotta stand up for his rights
 
ncscrubmaster

ncscrubmaster

Twelve Pointer
Contributor
Innocent until PROVEN guilty. Make him prove you were not wearing it. Back windows and rear one don’t matter. If the fronts passed inspection your good.
 
Einstein

Einstein

Six Pointer
Jesus people. I believe in standing up for rights as much as any human on the planet. You don’t have a right to not wear a seatbelt. Take 2 seconds, potentially save a life, and wear your seatbelt.


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