Another (but slightly different) seat belt question

[Wrenae]

I've read through the archives to see if this particular variation on the seat belt law has been addressed, but I didn't see it here. Please help if you can.

Here's the deal: I was pulled over and cited yesterday for failure to wear my seat belt. I was shocked because I was wearing my seat belt at the time! I pointed it out to the officer, who apparently hadn't seen it. He said that I was wearing it "improperly" and gave me the ticket anyway. Since I challenged him, I guess, he added to the ticket that I hadn't signed my registration card. A twofer!

Anyway, I *was* wearing my seat belt, and I'm extremely upset to be charged $135 for doing nothing wrong ($25 fine + $110 court costs). I had the seat belt tucked under my arm, because I'm short and if I don't do so, it cuts into my neck. I was told to do this by my high school driver's education teacher. I've never had a problem (or even heard of anyone else having a problem) with this before. I know the standard is to wear it over the shoulder, but those belts are made for a person of a certain height, and mine is not adjustable. The belt was still fastened at both ends and across my body, as the General Statute states. (NC G.S. 20-135.2A) It does not define "properly" or proscribe adjusting the seat belt for height reasons. And I was wearing my lap belt as well, so there's no way I was not "properly" restrained in the case of an accident.

My boyfriend insists I should file a grievance against the officer over this, but I don't want to create more trouble for myself. What should I do?

 

[lwpat]

I would go in and talk to the ADA and see what you can work out.

 

[Wrenae]

Thanks lwpat!

I hope it works...these things make me nervous!

It seems like the littlest thing can get you a ticket these days. Now I'm afraid of wiggling my fingers in an "improper" manner while in view of a traffic light or something.

 

[Wrenae]

Hi,

Just an update here. I went to the courthouse today (though my court date is not until 6/19), and tried to talk to an ADA about my case. The receptionist wouldn't even let me in the office. She said I could speak to the DA on my court date but not before.

I told her I couldn't be there on the court date (I'm scheduled to be out of town), and she told me I could do nothing to change the court date until after the court date had passed. She told me, point-blank, to simply not show up for court on the scheduled date if it was inconvenient, and that afterward (within a couple of weeks, she said), to fill out a form in the Clerk of Courts office stating why I didn't show up and requesting a new court date.

I checked the Clerk of Courts office on my way out, and sure enough, there were the forms she mentioned and lots of people filling them out and waiting in line to file them.

Also, I had read elsewhere that if the officer doesn't show up in court on your scheduled date that the case would be automatically dismissed. Apparently, in this county (Wake County, NC), they will not dismiss the case if the officer isn't there. They will simply reschedule the date again for his next scheduled court date, and I would have to come to the courthouse a second (well, third) time.

I guess I'm just venting here, but I wanted to let others know who might be in the same situation. They don't want to work these things out ahead of time, apparently; they just want your money.

Real question, if anyone knows: Am I allowed to file a motion for discovery to see the officer's notes? I want to go to court, and I want to be as prepared as possible. I read somewhere else that you can request the officer's notes, but I'm not sure if that's true here. Thanks!

 

[lwpat]

I have never heard of requesting a continuance after your court date. You always have to do it before your court date. I think you misunderstood. It is also unusual in NC for you not to be able to talk to an ADA prior to your court date. Sounds like you got a witchy clerk of court. I would fax the court a request for continuance based on being out of the state on that date. Be sure to use a machine that prints a report and then call the court to be sure it was received. You should also indicate the name of the clerk and that she indicated you could wait until after your court date to reschedule.

 

[Wrenae]

Hi lwpat,

I agree that it does sound absurd, but I assure you that I didn't misunderstand. I spoke to her at length to make sure I understood, because it sounded so odd to me. She may have misinformed me, however, intentionally or otherwise.

The woman I spoke with at length was not a clerk of court, as far as I know. She was the receptionist in the DA's office at the courthouse. I had to speak to her to request a meeting with the ADA. She was the one who gave me all the above info (nicely and calmly, but clearly she was not going to let me into the DA's offices or schedule an appt for me). Perhaps it's because I'm simply a citizen and not a lawyer, but she said it was because "there are 8 different ADA's and we don't even know which one will be present on your court date, so it would be useless to speak to one of them now anyway." (As if they didn't communicate with one another at all.)

She suggested I come in for "Administrative Traffic Court" on my court date to speak to the ADA before going in front of the judge, and she said that was the only time I could speak with an ADA. Period.

I did go by the Clerk of Courts office, and I picked up the form she referred to that would request a new court date if you missed your original date. I've scanned the form so you can see it. I didn't stand in line to speak with a Clerk, because the line was so long and I'd already wasted a lot of time talking to the DA's receptionist.

Hope you can read the attached scan.

 

[Wrenae]

Final update:

I rearranged my travel schedule so as to be in court on the assigned date. I really didn't want an FTA on my record. I spoke to the ADA (or DA, he didn't identify himself), and explained the situation. He dismissed all the charges.

So much for the receptionist's wisdom that "they won't drop the charges without speaking to the officer first" etc.

Also, with a little investigative work, I found that the officer who wrote my ticket had more than 60 folks in court that day, so he had obviously been very busy writing tickets. One of them was only for "failure to sign registration card" and I'm still wondering why he pulled the poor woman over to begin with!

Anyway, all went well, and I just wanted to say thanks for all your help!