I was recently pulled over by a state trooper for not wearing a seat belt and given a $25 fine plus $106.50 for court cost.

Asked over 3 years ago - Concord, NC

I was also issued a warning for not having my drivers license on me. I tried to explain to the trooper that I had just left my house and that I do have valid license. My concern is with the fine and court cost. I feel that if I were another troper, a spouse of a trooper or someone else of authority, I would not have been issued a fine or anything else for that matter. Is there any way of fighting this. Maybe asking for a trial by jury?
Thanks for any and all help with this matter

Attorney answers (3)

  1. Timothy Earl Wipperman

    Contributor Level 11

    Answered . There is no fine for a warning in NC. The fine and costs are for the seatbelt violation. This does not give you any insurance or drivers license points. You do have the right to a judge only trial (bench trial), however whether or not the trooper would have given someone else a ticket is not a defense that the judge will recognize. A seatbelt violation is one of the very few charges in NC where it is usually cheaper just to pay the ticket. As an aside, if the trooper had charged you for not having your drivers license, then showing up in court with a drivers license that was valid at the time would be a defense and the charge would have been dismissed.

  2. Fred Wallace Woods Jr.

    Contributor Level 10

    Answered . If you were issued a warning there should not be any court costs because there will be no conviction. Therefore, call the court and ask if there is a fine for a warning. If not, you are okay and won't have to pay anything. If there is, don't try to go it alone, simply search for a criminal defense attorney here on avvo.com in Charlotte, North Carolina or Concord, North Carolina and ask them to help you by making a call to the officer for you.

  3. Fred Wallace Woods Jr.

    Contributor Level 10

    Answered . Also, the $25 fine may or may not apply. Ask the attorney when you speak to him or her.

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