Anyone legal savvy?

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james-
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Anyone legal savvy?

Post by james- »

I just got pulled over for a "seatbelt ticket"

an officer in an unmarked police vehicle a block down the road driving the opposite direction claims to have seen me driving without my seatbelt.

Is there any way I can fight this? I know it will likely cost me a shit ton more money than just paying the ticket, but I'm sick of being bullied by highschool dropouts with a badge.

there was no one in the vehicle with me, unfortunately, and I really have no way to prove that I was wearing it. But at the same time he doesn't have any proof that I wasn't wearing it -_- I suppose it would come down to a he said she said sort of deal, is there any way that I can get this thrown out? ( I know that the judge will almost always pick the side of the guy with the badge, but this doesn't seem reasonable to me )

I've already looked around the internet a bit and the only things I've really seen to contest it are claiming that in your current situation wearing a seatbelt would be more detrimental to your safety than if you were wearing it.

I have legal insurance, so tomorrow during their hours I'm going to call for a legal consultation and see what they have to say, but I imagine a few of you must be in law school/practicing law.

Any ideas are appreciated, I'm just so fed up with the legal system. I've been pulled over countless times, and only had one ticket for actually committing a traffic violation (speeding when i was 16)

inb4 "you weren't wearing it just pay the ticket"
knockout
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Re: Anyone legal savvy?

Post by knockout »

call franklin & bash, this is right up their alley
james-
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Re: Anyone legal savvy?

Post by james- »

knockout wrote:call franklin & bash, this is right up their alley
Denny Crane was my first choice, but my insurance won't give me a discount through Crane, Poole, and Schmidt.
I'll have to check out these guys.
Mino
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Re: Anyone legal savvy?

Post by Mino »

Honestly, your chances of successfully fighting this ticket are very low. Like you said, the judge will most likely go with the officer's word. However, what I know you can do, is reduce the amount on the ticket if not get it dropped. If this is your first offense since your speeding ticket and you plea guilty, I'm sure the judge and prosecutor will at least try to help you out.

Most people don't go to court when they received a ticket, and the ones that do are usually people that think they're innocent and will try to fight it. However, if you go to court, dressed nice (that's also important), and plea guilty it will show that you understand you made a mistake and you're taking responsibility for it. Even if you were wearing the seatbelt, and you have no proof, your best bet is to simply plea guilty.


It isn't much, but you would be surprised how many people go into court looking like they're off the street and start arguing with either the judge or prosecutor, and the amount of people that don't show up is even higher.

I've seen all of that done many times. I have never received a ticket and never had to attend court for myself. But, I have been to traffic courts, landlord/tenant courts, village courts, and several other various courts with real lawyers and I've seen people do all that I mentioned. In most cases, the people that present themselves well are shown compassion and have their ticket either waived or the amount reduced, it depends on how many violations you have on record.

Hope it helps.
Mino
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Re: Anyone legal savvy?

Post by Mino »

Oh, and forgot to add. I'm not studying law, I most likely don't know some law or rule that could be applied to this situation. All of what I said is basically from experience, from what I saw and heard.
badnewspanda
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Re: Anyone legal savvy?

Post by badnewspanda »

I'm pretty sure it will come down to a police officer's word against yours which usually never works out. But seeing as how my legal experience consists of jumping fences in order to evade capture when the cops show up, I would spring for a free legal consultation. Most law firms will be able to give you more useful advice to make sure you aren't truly wasting your time/money.
stile
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Re: Anyone legal savvy?

Post by stile »

His word is better than yours. Your best option is to file for an extension first and then at the end of that file your court date. Very high probability that the officer will not show.

I see no other way to get out of this. Can't beat probable cause!
seaNsk
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Re: Anyone legal savvy?

Post by seaNsk »

You getting out of the ticket is about the same likelihood that you will get your rep back.
Polak
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Re: Anyone legal savvy?

Post by Polak »

Get one of these and show it to him.

Image

Talk about some bullshit.
Say good bye.
Drive away like a boss.
knockout
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Re: Anyone legal savvy?

Post by knockout »

Denny Crane has alzheimers, bro. Franklin & Bash are the new young guns in the game. Similar styles, though, so I see where you're going with this.
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