Do I have grounds to fight this seatbelt ticket?

Asked about 1 year ago - Rocky Mount, NC

I left my apartment and was within 2 miles of my apartment when I realized I had forgotten to buckle my seatbelt and proceeded to buckle my seatbelt. I got pulled over by a state highway patrol but I was in the process of buckling when he turned on his lights and it was buckled when he pulled me over. He asked if I had any idea why he pulled me over and I said I did not and he said it was because of my seatbelt. I explained I had forgot and was in the process of buckling it when he saw me and pulled me over. He then asked if my passenger had their seatbelt fastened and he said yes. I was wondering if I had grounds to fight the ticket considering he didn't even know if my passenger had their seatbelt fastened. How could he know then if mine was fastened? I am also from out of state.

Attorney answers (4)

  1. Fred B. Amos II

    Pro

    Contributor Level 15

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    Answered . Unfortunately for you, driving two miles without your seat belt fastened is clearly a violation. Whether or not the officer knew whether your passenger has their best fastened is irrelevant as you appear to have admitted to the officer that you forgot to buckle your belt. As to your question of how he knew your belt was not fastened, the answer is likely that he saw you when you realized your belt was not fastened and made the movements associated with buckling a seat belt. I'm sorry to give you bad news, but you do not have much to work with. Good luck to you.

    Fred Amos provides legal representation in Wake County, North Carolina.... more
  2. Robert Edward Fenster

    Contributor Level 14

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    Answered . I think your argument will lose as it includes open admission your belt was not on. If you want to fight the ticket, consider a traffic ticket lawyer in the community where you were cited?

  3. Michael R Crosner

    Contributor Level 20

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    Answered . I don't think that your argument will work - you are required to close your seatbelt the moment you begin moving. However, you can check with a LOCAL Traffic Ticket Attorney to see if the local judge handles these matters in a liberal fashion

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  4. Steven M. Laird

    Contributor Level 5

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    Lawyers agree

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    Answered . Unfortunately with your admission you would be unlikely to win. Seatbelts are non-moving violations however. So it will not affect your license points or insurance.

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