QUESTION

Should I fight a seat belt citation or pay and take traffic school?

Asked on Jan 05th, 2013 on Criminal Law - New York
More details to this question:
Departing from the Publix store I got into the passenger seat of my brother's car. As soon as I jumped in, my brother began to depart. I delayed putting my seat belt on as I noticed that he had given me my paycheck and I decided to put it into my wallet that was in a zipped pocket on the side of my jacket before attaching the seat belt. My brother turned out of Publix and onto Williamson Blvd and before we reached the red light (200 ft) I had completely buckled in my belt. We sat at the light for 20 or 30 seconds and after we crossed the intersection a police car behind us flashed its lights and when my brother Bernard said "What did I do" that is when I realized there was a police car behind. I had never seen the car and definitely did not put my belt on because I might have seen the car. Never did. I am 60 years and have ALWAYS worn my seat belt. Upon the stop the officer said that he saw me putting on my belt. Later on the next day I found out that he was in training, and also had incorrectly marked down the wrong statute on the citation (I called him with that info so that he could correct it yesterday).He never questioned me about the incident and I was very passive and did not question him. My question is that since this is a non-moving violation should I just pay the fine and go to traffic school to get the "adjudication withheld"? I have never been in an accident, never issued a traffic citation in my life, and I know that in this case I was late in putting on my seat belt but I was putting it on and not because I saw him. I would take a lie detector test to prove that. The officer must have seen us coming from the Publix so a little common sense, not like we were driving for a distance with no seat belt, but I realize chances of prevailing are slim.
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8 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Just go to court and fight it. You have all day and no where to go so why not?
Answered on Jan 13th, 2013 at 6:36 PM

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Ronald A. Steinberg
i was in a head on collision at highway speed, back before the 3-point seat belts were mandatory. Let me tell you that if you are in a moving vehicle without wearing a seat belt, you are more likely than not to get hurt much more seriously. You buckle up FIRST, and then you can look at whatever you want. Pay the fine and take the class. Death is permanent.
Answered on Jan 11th, 2013 at 1:41 AM

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Michael J. Breczinski
I would fight the matter since you were trying to get the seat belt on and he should not have taken off until you had it on.? I suspect the prosecutor would dismiss this if you chose to fight it.
Answered on Jan 11th, 2013 at 1:05 AM

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No you should set it for trial. If the cop doesn't show you win.
Answered on Jan 11th, 2013 at 12:22 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You seem to have the right fix on this. You are technically guilty but it is no big thing and wont affect your life at all the judge would not likely punish you beyond costs of court.
Answered on Jan 10th, 2013 at 11:12 PM

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Criminal Defense Attorney serving Westlake Village, CA
Partner at Roberts Law Group
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A seat belt violation does not carry a point. No traffic school is necessary.
Answered on Jan 10th, 2013 at 11:00 PM

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Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL at The Ticktin Law Group
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You have a good understanding of this whole matter, especially the issue of there being a slim chance of winning. If you go to court to have an "adjudication withheld," you will do better than in sending in the ticket. You will have a chance to discuss the stop with the judge, and in all likelihood, if your record is fairly clean, you will be able to ask him not only for a withhold of adjudication, but also to waive driving school. If you simply mail in the ticket, neither you nor the court will not have that option. I know that sometimes a little injustice sits in our craw. I suggest that you go forward, get this behind you, and soon, it will be a distant memory.
Answered on Jan 10th, 2013 at 10:55 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I didn't even bother reading the question detail. Seat belt citations are not worth fighting.
Answered on Jan 10th, 2013 at 10:35 PM

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