Best Defense for a Driver Fail to Use Seatbelt

blake.schoffer
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Best Defense for a Driver Fail to Use Seatbelt

Unread post by blake.schoffer on

I received a ticket for failing to wear my seatbelt back in April. I was wearing my seatbelt at the time he is saying i wasn't but i'm afraid just my word is not going to be enough to be found not guilty. I am looking for a few other points to use as part of my defense. The discloser reads as follows:

Veh: 2004, Dodge Grand Caravan, silver, one occupant, driver

weather: RD's damp, light rain, G-Vis, cool, dusk.

sum: Cruiser NB Thurman Cir waiting for right turn. Observed sub MV WB on Thurman making L turn SB past cruiser. Observed driver no seatbelt. Male portion of belt clip was visable by drivers left shoulder in neutral unused position. Male driver wearing pink t-shift.**

Veh interior. Grey cloth seating. grey seat belt. driver wearing pink shirt.


** Note statement says t-shift, not t-shirt

I was thinking that maybe starting with the contradicting weather conditions would be good. He states that there is light rain at dusk as well as G_Vis. If there was light rain and low light how would the visibility be considered good? I also think that maybe mentioning the interior could help. Grey seats and grey seat belt kind of blends in?

I mainly want to fight this ticket to avoid the demerit points and the hefty fine. I am a third year student and have very little money to spare. I'm thinking that i am best off pleading not guilty but would accepting the charge with a reduced charge be worth it if i have no chance?

If anyone with more experience than I could offer some input on how my defence sounds so far please do.

Thanks


ynotp
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Unread post by ynotp on

Because you and the officer will offer conflicting testimony the justice has to consider credibility. So you are on the right track by going after the "good visibility" the officer claims to have in your line of questioning. The officers ability to clearly see the male end of your seatbelt at dusk while it was raining might be enough to raise reasonable doubt. When you testify you would testify you would be adamant and unwavering that you always wear your seatbelt and on that day you recall wearing your seatbelt and were wearing it when you were pulled over. If the justice considers you both equally credible they are supposed to side with the person who is in the best position to know the facts as they are (the driver).


blake.schoffer
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Unread post by blake.schoffer on

Officer didn't show up on the day of court so the charge thrown out. Thanks anyways, i was ready.


ynotp
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Unread post by ynotp on

Congrats!


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Unread post by admin on

Cmon, were you REALLY wearing your seat belt? or is this more of a wink wink thing?






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