Legal Corner

A question about a traffic ticket...
NeedleDicktheBugFucker 22 Reviews 11189 reads
posted
1 / 5

I was cited by CHP for not having a seat belt on. On the ticket, the citation # is correct but the cop wrote "speeding" next to it. There is nothing written on the ticket regarding my speed.

Is this grounds for dismissal or I just pissin' in the wind?

BK

The Law Doctor 10611 reads
posted
2 / 5
TruthOrConsequences 11675 reads
posted
3 / 5

As a former Traffic Court Judge in NY state what this would say to me is that the officer found you speeding but cut you a break by writing you for a seat belt infraction.  In NYS the office has the option of rewriting the ticket if there is a simple mistake on it, most likely it's the same in Cal.  There is a question if the mistake is in the violation sec. # or in the violation name (Speeding or No seat belt).  I'd plead to the seat belt if I got the chance and pray they didn't rewrite it as a speeding ticket.  There is always the question of how fast the unbuckled seat belt was going when the office observed it.  My .02

rodmewell 12 Reviews 11887 reads
posted
4 / 5

Go to court; the officer might not show up.  If he fails to show, your ticket is dismissed.

 If he does show, ask him to re-write per the seat-belt as advised by a previous poster.

 If he won't re-write or wants to re-write the other way (for speeding and not seat-belt), argue to the judge or commissioner that the officer has not made the necessary on the spot identification of your offense.  You have a right to know the proper charge when you show up in court so you may prepare your defense; deny you were speeding and plead to the seat belt.

Question: have you prior speeding or moving violations which tend to show you're a high risk driver?  If so, it's a more difficult problem as to your credibility.  Even though it's not supposed to count, it does.

Keep us posted.

NeedleDicktheBugFucker 22 Reviews 9318 reads
posted
5 / 5

to cite me for. Frankly, I'd be slightly more resigned to paying a speeding ticket as speed and infractions of that type are preemptive to accidents.

No one has ever CAUSED an accident by not wearing a seatbelt.

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