Not wearing seat belt

[meshktenye]

Not wearing seat belt ticket (BUT I was wearing it)

Hello everyone,

I just got pulled over for not wearing my seat belt. The problem is I WAS wearing it.

Here is the story. I was on a very rural part of HWY. 8 in San Diego county going east. There were 3 eastbound lanes. It is posted as a 70 MPH zone - which is exactly what I was doing. I was in the #1 (fast) lane. There was another car in the #2 lane about 1.5 car lengths ahead of me. There was another car in the #3 (slow) lane about 7 car lengths behind me. The only other car on the road was the CHP who first pulled along beside me on my right in the #2 lane. He was there about 15 seconds. He then pulled behind me and was there about 15 seconds when he flashed me to pull over.

I signaled and pulled all the way right to the shoulder.

First he said he pulled me over because I wasn't wearing my seat belt. I informed him I had just removed it after he pulled me over so I could get my wallet out. He then said he was also warning me as I should not have been in the fast lane. He did NOT say I was speeding (as I wasn't). The warning was because he felt I should allow cars that are going faster that I was to be in the #1 lane. He said there are signs that say "Slower Traffic Move Right". I said I saw those signs, but I told him that I was doing the fastest possible speed limit and he stated that there still might be cars driving faster than me and that I shouldn't have been in the fast lane. The actual words on the ticket are, "Verbal - Failure to obey signs." My speed was listed as 70 on the ticket.

So what do you think? Is there any way to beat these 2 bogus charges?

Thanks,
Steve

 

[Michael Wechsler]

Re: Not wearing seat belt ticket (BUT I was wearing it)

I would definitely argue this one. Is there a code section? I'd like to know what it means. If what you are saying is true, you could make the officer look the fool with this one, IMHO.

To begin, I'm not sure whether there was any failure to obey "signs" and would look this up in the code. Peripherally, I'd want to know how long the officer claims he was following that he could even claim that you were causing traffic at your rate of speed. The officer will likely testify to that in court but your rate of speed is not in dispute so it's a difficult sell to the judge. I'd start with that one.

Then I'd move to the seat belt claim now that the officer has lost his credability and is clearly someone who doesn't understand what he is doing. Be careful with the first one and handle it properly -- look up the code. If you win this one the second will come easier.

Originally posted by meshktenye
Hello everyone,

I just got pulled over for not wearing my seat belt. The problem is I WAS wearing it.

Here is the story. I was on a very rural part of HWY. 8 in San Diego county going east. There were 3 eastbound lanes. It is posted as a 70 MPH zone - which is exactly what I was doing. I was in the #1 (fast) lane. There was another car in the #2 lane about 1.5 car lengths ahead of me. There was another car in the #3 (slow) lane about 7 car lengths behind me. The only other car on the road was the CHP who first pulled along beside me on my right in the #2 lane. He was there about 15 seconds. He then pulled behind me and was there about 15 seconds when he flashed me to pull over.

I signaled and pulled all the way right to the shoulder.

First he said he pulled me over because I wasn't wearing my seat belt. I informed him I had just removed it after he pulled me over so I could get my wallet out. He then said he was also warning me as I should not have been in the fast lane. He did NOT say I was speeding (as I wasn't). The warning was because he felt I should allow cars that are going faster that I was to be in the #1 lane. He said there are signs that say "Slower Traffic Move Right". I said I saw those signs, but I told him that I was doing the fastest possible speed limit and he stated that there still might be cars driving faster than me and that I shouldn't have been in the fast lane. The actual words on the ticket are, "Verbal - Failure to obey signs." My speed was listed as 70 on the ticket.

So what do you think? Is there any way to beat these 2 bogus charges?

Thanks,
Steve

 

[Robbie]

The law specifies to stay right unless passing other traffic. You admitted you intentionally ignored the regulatory signs. Case closed.

Since the officer added a seatbelt charge, I strongly suspect he observed you driving in a manner that endangered other drivers.

It is not your authority to block a lane to try to regulate traffic. Your speedometer isn't calibrated so you can't judge other peoples speed. Forcing people to pass on the right (or worse) is far more dangerous than someone running 10 over the limit.

Studies have shown this kind of behavior can trigger road rage. This regulation is being much more heavily enforced for the that reason. Count your blessing he didn't add a careless charge.

Be an adult, learn from your mistake, take the bite and stay to the right .

 

[NYClex]

Robbie has a point here. In most states the traffic code contains a rule that you have to use the right lane except for passing slower traffic.

Now from your description it looks like you were not passing anyone. The officer pulled up to you from the right, that shows that he was potentially a faster driver than you and you blocked his way in the left lane. The law, as robbie said, doesn't care that it would be illegal speeding to pass you since you were just at the speed limit, the intention of this rule here is to avoid potentially dangerous situations people create by passing slow cars on the right.

Therefore it seems to me too, that the officer has a case.

To the seatbelt thing, the judge will have heard this excuse a million times: "I was wearing it but just took it off to reach my wallet." It is one of the oldest excuses since the seat belt law went into effect. (I am not saying that it wasn't like this, but the chance that the judge will believe it is slim)