recardo

is it possible to fight a ticket & win? i just got a ticket for not having my seat belt which i was when i got pulled over and I'm planning on fighting it i just wanted to know if it is possible to win or is it i just going to be a waste of time.

there's some pics attached of my car being parked where cop saw me , i wasn't wearing my seat belt when i was parked but i was wearing it when i started driving towards the stop sign before i made a left and got pulled over.

Handful

iTrader: (1)

You got a ticket for not having your seat belt on when you were parked?

recardo

guess so .. i tried explaining to the officer that i live there & i was barely leaving .. but then he asked if i wanted him to add to the ticket that i was stopping traffic ???? i just told him im gonna fight the ticket because i was wearing my seat belt when he stopped me & that i was parked when saw me not wearing it

Fumanchu

Don't bother, cops are ********.

funkjaw

iTrader: (3)

If you honest to gosh did not break the law then I would fight it just because my conscious wouldn't let me just pay the ticket.

Heck the officer may not even show up and they will just drop the case.

Handful

iTrader: (1)

/\ That Rarely happens. I think that you should be able to fight it. If you can prove that you live in front of where you were parked you might be able to get out of it. Was the cop wearing glasses? or Find out if he needs glasses. If you can prove that the officer might not be certain about the violation you can win. For instance, friend of mine Got pulled over by a cop on a motorcycle who didn't have any eye protection. So he argued that the officer ridding with the wind in his eyes obstructs how he sees things, and he won.

But if you did drive away with out your seatbelt then you wont be able to win it. When it comes down to here say then the judge will always go with the cop.

HOZZMANRX7

iTrader: (43)

If you had your seat belt on when he walked to your window, you'd win. If you didn't, you won't.

Said differently, when you see flashing lights, immediately put on your seat belt as inconspicuously as you can before you pull over. If asked by the cop or the judge, you always had it over your shoulder. That way the officer has to say you had your belt was on properly at least when he first confronted you at your door.

With that testimony from the officer, strange as it might sound, you'll win with most judges. The judges you won't dismiss with that is probably a former ******* cop as Fu described.

HOZZMANRX7

iTrader: (43)

From Fu's lips to Gods ears.

Handful

iTrader: (1)

I just heard that somewhere but i dont know where. On TV i think.

recardo

yeah i was wearing my seat belt when he pulled me over, he even grab the belt to make sure i had it on, not sure if it helpp or not but he even put in the ticket that i was stopped so if i can prove i was parked i think i may have a chance of winning the case.

DivinDriver

iTrader: (15)

Per the statute (VC 27315); the seat belt is only required to be worn when the vehicle is "operat[ed] ... on the highways..."

Sounds like your argument hinges on the definition of "operation" of a motor vehicle.

Interestingly, the terms "operate" or "operation" or "operating" are not defined in the VC as far as I can find.

I think you have a pretty strong argument that you are not "operating" the vehicle unless it is running and in a traffic lane on a public road. "motion" may not enter into it since you're still reasonably considered to be "operating" the vehicle while stopped at a stop sign.

mike_merryguy

iTrader: (8)

i would find out how much the ticket is, its a non moving vio so there should be no points?? i think and how much are court costs going to be??

i would just see which is cheaper, also do you have to miss work to go to court?

remember cali is broke they are going to get money out of you regardless, I heard you can fight a ticket though the mail too..

Rollogic

iTrader: (1)

Gotta kind of weigh your options. How much will the ticket be to pay or how much will it be to fight it? Sux either way IMO.

My recommendation to anyone...if you're wearing your seat belt when you get pulled over always keep it on until the cop asks for your DL.

DivinDriver

iTrader: (15)

Hell, I've always kept my hands visibly on the wheel until the officer comes up to the car.

If that means he has to watch and wait as I roll the window down, I expect the smarter ones will appreciate my concern for their sense of safety... and the dumber ones (hey, every job has 'em), there's nothing much you can to to up your odds there except be polite and excessively respectful.

Ultimately, getting pulled over is a "negotiation from a position of disadvantage." Even if you've done nothing wrong - - or even especially if you've done nothing wrong, as that means you and the cop start off already disagreeing on the facts.

HOZZMANRX7

iTrader: (43)

When it was initially introduced, it was a non-mover. Fu can correct me, but now I'm pretty sure you get a point for it.

Court costs are 4 times the actual fine.

Called Trial by Declaration. The cool thing about Trial by Declaration is if you're found guilty, you still have the right to have that verdict set aside and have your day in court on the rebound. Also, cops hate Trial by Declaration as they have to go through the tedious exercise to actually write a full narrative of their side of the story. A lot of cops will avoid that comparative PITA and simply not respond. If that is the cops reaction, you win by default.

Go to the court clerk window, plead not guilty, ask for Trial by Declaration. He/she will give you all the forms you need. Write your statement, keep it very short and sweet. If it were me, I'd simply say no more than

- I always had my seatbelt on, (lays foundation while gives zero admission of guilt)
- I had the seat belt on when the cop approached my window, and (cop is your witness)
- the cop actually tugged on my seatbelt to make sure it was latched. (cop is your witness)
- Given the facts, you're absolutely confused why you were given the citation in the first place. (closing argument, you're not guilty)

Then (hopefully) as you site there quietly watch the cop squirm while the judge askes him
- why you're there
- why he wasted the judges time.
- why are all cops ********

Good luck.

DC 91 fc3s

iTrader: (11)

just fight the ticket and if he doesnt show up on the court date then **** it you win.. if he does show up its then its no chance you will win.. esp if the judge is a dick.. they just want your money..

just paid a $530 ticket for not stopping completely on a stop light in west covina... was so much just for that stupid offense, i should have been speeding and it would have been cheaper still..