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  #1  
Old 08-25-2004, 02:31 AM
Provo Spain?
 
Join Date: Nov 2001
Posts: 656
Help with bogus seatbelt ticket!!!

OK here is the story.

I drove out to the beach about 1.3 hours from my mother-n-law's home.

I got done on the beach, got in my car and began to drive home.

1) I always always always weat my seatbelt.

2) I drive slow these days. Nice and easy.

Going down the road and set my cruise to 40 mph. I set it right after I see the speed limit sign. I have been driving for maybe 3 minutes now. I am going down the street and a cop comes flying up behind me.

So I pull over and it's the usual ID/insurance checks.

Officer : I pulled you over because you were speeding.

Me: I'm sorry, I thought the speed limit was 40 mph.

Officer: No, back across the bridge (tiny bridge, takes two seconds to cross) on XX beach it was 35 mph. Here it is 40 mph.

Me: I had my cruise on 40 pmh.

Officer: I clocked you at 52 mph/17 mph over.

Me: I don't see how that is possible with my cruise on.

So he goes to his car and comes back.....

Officer: I am going to give you a warning for the speeding, but I am going to have to ticket you for not wearing your seatbelt.

Me: (confused) But I was wearing my seatbelt.

Officer: No you were not.

Me: Yes I was, in fact I still have it on now, I never took it off. (Still on me!)

Officer: Well, you can take the speeding ticket or the seatbelt ticket. The seatbelt is less money.

Me: What is the difference?

Officer: I will tell you once you sign this.

Me: What is the difference?

Officer: Sign it here, it is not an admission of guilt, and then I will tell you.

Me: (In shock, just starting to get angry) OK....(then I sign the damn thing)

Officer: Now your speeding ticket would have been 178 bucks, but the seatbelt ticket is only 70 bucks. I just saved you over 100 dollars.

Me: Fantastic.

Officer: Drive with your seatbelt on from now on.

**************

So now I'm pissed beyond belief. I was not speeding, and wearing my seatbelt. If we go to court, the judge will take his word over mine. But this makes me so angry that this officer did this! I want to take it to court just so I can tell the story and say "Where is the integrity here!?"

So, what do you think about this? It is not in me to just pay up. I felt that if I refused to sign, he would have written me a ticket for both and possibly something else.

I know they have cameras on their dash, and when I pulled off the road I turned on my inside light, so he could see me clearly. I know if it was filming me it would show my seatbelt was on. But I don't know how/if I could get that into court.

What do you guys think?

Should I call his supervisor? That is probably a waste of time. But I feel I should be allowed to complain to somebody. Also if I complain before court, he'd be sure to be at that court date.

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  #2  
Old 08-25-2004, 02:55 AM
mzsmbs's Avatar
just out there!
 
Join Date: Aug 2003
Location: just out there!
Posts: 2,192
imo, waste of time...but if you are going to fight it and want to possibly use the car video you're going to have to request it as evidence asap from the pd. you only have a very short time to do so... chances are pretty high that the cop will not show unless you request the video though. I normally wait the max allowable time before filing my denial with the court. They just seem to forget all about it by then and never show.
If you have his badge number (should be on tick) you can file a complaint with the review board/super. of course that's not really going to go anywhere and may only piss the buggers off and then you'll get a few more "broken lights" tickets or making an illegal turn or....

reagrdless, good luck.
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  #3  
Old 08-25-2004, 03:29 AM
moparmike's Avatar
You will rue this day...
 
Join Date: May 2003
Location: NW Arkansas
Posts: 732
Make sure you show up for court. I have heard about numerous tickets being dismissed because the issuing officer never showed.


Good luck!
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  #4  
Old 08-25-2004, 07:14 AM
wbain5280's Avatar
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Join Date: May 2001
Location: Northern Va.
Posts: 3,386
Fight it, it's the Clinton way.
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  #5  
Old 08-25-2004, 08:35 AM
This space for sale
 
Join Date: Feb 2002
Posts: 3,351
Quote:
Originally Posted by moparmike
Make sure you show up for court. I have heard about numerous tickets being dismissed because the issuing officer never showed.


Good luck!

Here's what they do in Ohio... if you come to court to fight it, they will "reschedule" the court appearance and the officer FOR SURE will come.
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  #6  
Old 08-25-2004, 11:36 AM
Registered User
 
Join Date: Jun 2000
Location: Saugus, CA USA
Posts: 2,033
Heard a story of a lady who got a ticket at night for not wearing a seatbelt. She asked the cop how he could tell in the dark. He said the unfastened seatbelt buckle was dangling out the door bouncing on the pavement throwing sparks.
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  #7  
Old 08-25-2004, 11:53 AM
Jim B+
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Posts: n/a
Had similar experience...it's about bullying and revenue enhancement...NOT

law enforcement, public safety, or even YOUR safety.

Have a seatbelt ticket for $25 I have decided to go ahead and pay.
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  #8  
Old 08-25-2004, 01:22 PM
Provo Spain?
 
Join Date: Nov 2001
Posts: 656
It is about money for the city, that is it.

I will still fight it because it ticks me off so much. If I don't win, that's the way the mop flops, but at least I know I stood up for what is right. Unlike the officer.
__________________
1994 C 280 117.5k, White (Good as new)
1997 Toyota Camry 149k Miles (Not so pretty anymore)

1990 190e 2.6 95k (Sold-Should not have)
1981 240d Stick ??? Miles...sold
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  #9  
Old 08-25-2004, 09:18 PM
Registered User
 
Join Date: Aug 2003
Posts: 1,108
Thats why I hate cops

useless pricks. i did that, with the cruise on, guy said i was going 50 i said no I wasnt. didnt give me a ticket for anything or a written warning, but the same schtick, slow down next time blah blah. filed a complaint the next day.
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  #10  
Old 08-25-2004, 10:09 PM
Registered User
 
Join Date: Jan 2003
Location: USA
Posts: 699
Just ask for a court appearance and be sure to be present! I'm quite sure that that dishonest cop will not show up, and your ticket will be automatically nullified.

If you had a voice recorder at that time, that cop would be busted...

Eric

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