CVC 27315 - mandatory seat belt - how to beat it?

[baldwin]

I was stopped with my wife in the passenger seat. The cop pulled us over and sited MY WIFE for not wearing her seat belt. He then sited me for allowing a passenger in the car without a seat belt. So we got 2 tickets for the price of one... really pissed me off. We're fighting it and going to court. Just wondering if anyone out there has experience on how to beat this. It's really the cop's word vs. ours - there is no physical evidence. What should be my argument?

Thanks in advance.

 

[Michael Wechsler]

That's a tough one. I haven't heard anyone beating this one appropriately except going to court and hoping the officer does not show. If you are asking whether you should lie I would say no. If there is an issue of credability, the officer's testimony would likely be taken at face value and what would your response be -- denial?

An argument? Assuming true, it's a matter of habit that everyone wears a belt. You didn't allow a passenger in the car to ride without a seat belt and you were completely unaware of the fact that your wife may have unbuckled her belt. I'm not sure what the actual law is in your state and whether knowledge is a part of the defense. It is possible that one charge would be dropped and I can understand why you'd be angry.... good luck with this and I hope it turns out alright.

Originally posted by baldwin
I was stopped with my wife in the passenger seat. The cop pulled us over and sited MY WIFE for not wearing her seat belt. He then sited me for allowing a passenger in the car without a seat belt. So we got 2 tickets for the price of one... really pissed me off. We're fighting it and going to court. Just wondering if anyone out there has experience on how to beat this. It's really the cop's word vs. ours - there is no physical evidence. What should be my argument?

Thanks in advance.