What can I do about getting a citation for “no seatbelt” if I was wearing it?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do about getting a citation for “no seatbelt” if I was wearing it?

The cop was actually 2 cars ahead of me. We came to a 4way stop and she pulled into a gas station to see which way I was going, then pulled me over saying she saw I was not wearing a seatbelt.

Asked on July 2, 2015 under General Practice, Alabama

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A traffic ticket can actually be contested with a trial like any other offense.  However, before you get to trial, you may want to make an open record request for a copy of the officer's video or dash cam that day.  If he was two cars ahead of you and his visibility was impaired, that would be good evidence to present at trial.  Open records requests usually take a a few days to get in.... so in the mean time, do not forget to file an appearance for the ticket at the location identified on your ticket.  Often, people forget the appearance requirement and pick up an additional charge of "failure to appear" which is extremely easy for the prosecutor to prove.

If you have any other witnesses, take them with you on the day of your trial.  Quite frankly, showing up even without a witness, may get you a dismissal as officers frequently don't like to appear to testify in traffic court.  Regardless, still prepare as if the officer will be there.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption