How to Fight a Seatbelt Ticket
Motor Vehicle Motor Vehicle Traffic
Summary: Learn how to fight traffic tickets for not wearing a seatbelt.
How to Fight a Seatbelt Ticket... and Win!
One of the most frustrating situations in the life of a driver is being issued a seatbelt ticket. The main reason is that the ticket may put a negative mark on his record, causing a number of consequences, including higher insurance. If you wish to avoid it, then you have to be aware of the specific reasons why you will most likely be pulled off and issued a seatbelt ticket. This way, you can avoid them as much as possible.
- Not wearing a seatbelt when driving
- Not wearing a seatbelt, even if you're a passenger
- If you're below 16 who is not wearing a child restraint or seatbelt.
However, if you unfortunately, acquired a seatbelt ticket then keeping in mind the following tips can be a huge help:
1. Negotiate - Yes, you can negotiate to prevent the ticket from leaving a mark on your driving records. You even have the choice to make negotiations for jury-trial cases in various location – ex. formal settlement or pre-trial conference inside the judge's chambers, informally through phone, etc.
Regardless of the forum you choose to use, keep in mind that the idea behind this negotiation is to compromise for a better deal. You may negotiate for a less serious offense than the one currently charged to you, reducing the fine, waiving the license suspension, or dismissal of one of the charges against you.
2. Create a reasonable doubt - Look for a valid explanation that might cause the officer to think that he mistook the situation and you're actually wearing or intending to wear the seatbelt. An example is saying that you just took it off for a few seconds to get something, and that you're planning to put it on right away. You have to make sure that you raise a really reasonable and valid doubt to increase your chances of fighting the issued ticket.
3. Show due diligence - This method requires you to raise a due diligence defense, which credibly explains the reason why you're not wearing the seatbelt, the specific diligent steps you undertook just to prevent the not wearing a seatbelt violation, and your strong belief that you're actually wearing it. You have to show that you took all the viable steps a diligent person normally does to prevent the violation.
You can pull this off by stating that you wear your seatbelt all the time and you’re fully aware of the importance of doing so. The reason why you just failed to do so at the time you were ticketed is because the safety feature in your car, which tends to light up or buzz when you’re not wearing the seatbelt, malfunctioned. You can think of other similar situations and make sure that your story is believable. It should really show how diligent you are. Show evidence to make it more solid.
It is possible for you to fight a seatbelt ticket. Just make sure that you show proper proof and evidence, or if you can, hire a reliable lawyer to help you. If you are going to go to traffic court to fight your ticket, learn more at http://trafficcourtanswers.com/. Need help fighting a ticket? Contact The Smelyansky Law Firm today