Seat belt violation - but I read the law and I think the officer is wrong. Advice?

mark

New Member
I got a traffic ticket for not wearing a seatbelt on a local road in front of my house. The violation code is California Vehicle Code 27315(d).

I plan to fight it, and I was wondering if anybody has experience or advice.

I looked up the exact wording of the law that is published by the state of California.
http://leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=27001-28000&file=27302-27317

The law said this
27315.(d) (1) A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt.

So it clearly states that this violation is for "highway", and not a local road. I figure I'd easily win, since it seems like an open-and-shut case? Am I wrong? Any advice?
 
I got a traffic ticket for not wearing a seatbelt on a local road in front of my house. The violation code is California Vehicle Code 27315(d).

I plan to fight it, and I was wondering if anybody has experience or advice.

I looked up the exact wording of the law that is published by the state of California.
http://leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=27001-28000&file=27302-27317

The law said this
27315.(d) (1) A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt.

So it clearly states that this violation is for "highway", and not a local road. I figure I'd easily win, since it seems like an open-and-shut case? Am I wrong? Any advice?


Nice try,
won't fly,
highway,
by-way,
motorway,
roadway,
different words all mean the same thing,
diamond, ruby, emerald all be bling-bling,
that defense I wouldn't try,
things without wings can't fly!
 
That's not a good defense - don't drive anywhere (on a street, roadway etc.) without a seat belt on. It's always required. Sorry.
 
There is no defense for not wearing a seatbelt, but if it is your first offense, you otherwise have a good record, and you are polite to the judge and promise not to do it again, you might get leniency. Do you have a very good reason for not wearing the seatbelt, such as a medical condition which is well documented?
 
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