Seat belt in parked car

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Seat belt in parked car

I made an illegal left turn into a parking lot and the cop was behind me with his lights off and I stopped and started backing up he turned his lights on as I was backing up he allowed me to back up into the parking spot and as soon as I backed up and parked I shut my car off and he got out then and came to my passenger window and took my license and insurance he came back and asked me if I had my seatbelt on when he walked up and I said no I didn’t have my seatbelt on when he walked up but my car was off and I was parked he gave me a warning on the illegal left turn but gave me a seatbelt ticket anyhow did I need a seatbelt ticket if I’m just sitting in a parked off car?

Asked on January 27, 2019 under General Practice, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When pulled over, you are not supposed to do or change anything (other than stopping) except at the officer's direction or instructions. If you did not have the belt on when he walked over, he may legally presume that you did not have it on when driving, since if one when driving, it should still have been on.
 


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