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 ?
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 ?
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