VC 27315 Seatbelt Violation

[Chandler]

Question:

I was cited for a VC 27315(d) no seatbelt which carries a $256 fine
( including assessments and fees) in Santa Clara County,California.

At the time I was cited the Officer did not ask wether or not I had any inability to wear my seat belt properly and quickly wrote up the citation. I was wearing my seatbelt at the time the officer stopped my vehicle, but could not wear it properly due to a work related injury in my left shoulder area. I was not given a chance to explain my situation before the ticket was already issued to me, and furthermore I was unaware of the law regarding VC 27315(g) which states below.....

Under VC 27315 (g) This section does not apply to a passenger or operator with a physically disabling condition or medical condition ( )10 that would prevent appropriate restraint in a safety belt, if the condition is duly certified by a licensed physician and surgeon or by a licensed chiropractor who shall state the nature of the condition, as well as the reason the restraint is inappropriate.

Link to CVC 27315(g)
http://www.dmv.ca.gov/pubs/vctop/d12/vc27315.htm

my primary care physician has issued a document for the court which I intend to include with my written trial by declaration explaining my circumstances at the time the citation was issued up to and including my current medical condition with my shoulder. The document includes the original date of my injury which occured before the citation and was written and dated after the citation was issued.

Based on the date the Doctor issued the document for the court, Is the document from my physician valid and if not why ?

If the physicians document is valid , given the date it was issued, how likely am I to have this matter dismissed if I decide to contest the citation ?

 

[seniorjudge]

Q: How likely am I to have this matter dismissed if I decide to contest the citation ?

A: There is about a 50-50 chance, more or less.

 

[Chandler]

Why a 50/50 chance , please explain.

Since, My condition is documented by my physician.

VC 27315(g) supports my case with a doctors endorsed document.

 

[CdwJava]

Then you present it to a judge and let him or her decide. This is essentially an affirmative defense. You might also have to understand that you could get cited again in the future and have to go to court even more times.

The officer at the scene is NOT required to make inquiry as to any lawful reason for you not to wear your seatbelt, nor is he likely to try and ascertain whether your purported doctor's note is sufficient. He might choose to accept it, he might issue the citation and suggest you show it to the court.

- Carl

 

[Chandler]

Yes, its possible to receive more than one citation with my medical condition in the future, but now that I know 27315(g) and present to the traffic officer a certified physicians draft It might forgive the potential for a future citation.

It seems that if the law is on my side for a dismissal , do we know what will influence the court to rule in favor of the section 27315(g) or not rule in favor. What grey areas, if any, are evident that may challenge my defense given the circumstances and the legal physicians certified letter concerning my condition at the time I was cited and thereafter ?

I understand its unknown to know how the court will respond to this matter , but some understanding of it would be educating at the very least.

 

[Chandler]

It appears the advice from this site is as good as getting advice from the plaintiff - useless.

 

[CdwJava]

What more were you expecting? The law says that the section does not apply if you have a qualifying injury and an accompanying notice from your physician or chiropractor. Bring that note with you to court. If you can, get the notice notarized or, best bet, bring the doctor with you to court (yeah, that's not likely, but it would remove any doubt.

Be prepared to present it if you get stopped in the future as well. There is no letter or card that can be issued to you that will prevent future citations as there is no way for the officer in the field to verify the document nor is he required to do so.

As for what more will influence the judge, I'd say all you need is the notice - as previously mentioned. Whether this will - by itself - sway the court, I couldn't say with certainty.

- Carl

 

[Chandler]

........................

 

[CdwJava]

Carl,

You did not read my posting with care. Why would I go to court if I have already stated that this is a "trial by written declaration". By definition there is no court appearance.

Now how about some real legal advice like the site suggests.

A tad snarky, are we?

Well, then, submit your doctor's note to the court with the TBD ... same difference. And be prepared to do so again if cited in the future. All yopu can do in a TBD is submit the evidence you have and make your written argument. Since you cannot cross-examine the officer and what he saw or heard, that is out. If the judge sides against you, then you ask for a trial de novo and go to court face to face with the judge and the officer and you present your physician's note once more and see if it works. If not, then you either appeal or accept your fate.

And chill the attitude, friend. There's no need for it.

- Carl