Seat belt violation and failure to stop at a stop sign
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Seat belt violation and failure to stop at a stop sign
I didn’t fail to stop at the stop sign, I stopped further back than the stop sign, inched up, and then went, which made it look like I didn’t stop from where the cop was sitting. Before realizing I was getting pulled over, I pulled into a turkey hill right by the stop sign and the officer came up behind me and then hit me with a no seat belt violation as well. I had taken my belt off to go in an get cigarettes from the gas station. Can I fight this?
Asked on November 28, 2017 under General Practice, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are not likely to win. The simple truth is that in my experience, the judge (there's no jury in traffic cases, only a judge) always believes the officer over the driver: the officer is trained, is sworn, and is neutral--he or she has nothing at stake in the outcome, and so no incentive to lie. The driver, on the ohter hand, has incentives to lie: to avoid fines and/or points.
The above said, courts prefer to settle by pleas than go to trial: trials take valuable court, prosecutor, and police officer time for small matters. Appear on the date for trial, show up early, speak to the prosecutor: there is a good chance he/she will dismiss one of the tickets or otherwise offer you a favorable plea.
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