Received a seat belt ticket while wearing a seat belt in NJ

Asked over 1 year ago - Garfield, NJ

I was on my way to school and upon coming to a blocked off road I put on my seat belt so not to run into any trouble. Upon driving approximately 1/4 mile down the road I was stopped by an officer who told me he was giving me a ticket for not wearing my seat belt, which I was at the time. I hadn't taken it off when he pulled me over either. I promptly showed him I was wearing my seat belt and he said "well you weren't wearing it when I saw you." Can I legally receive a ticket if the officer says I wasn't wearing a seat belt but then admits while speaking to me that I do in fact have one on? (N.J.S.A. 39:3-76.2f)

Additional information

I also received a ticket for having an air freshener hanging from my rear view mirror, and a ticket for non production of an insurance card. Now, my car is well insured but I was not able to produce the card fast enough for the officer's liking nor was he willing to listen to anything I said.

Attorney answers (6)

  1. Scott C. Buerkle

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . Yes. The statute does not require that your seatbelt remain off until you are stopped by an officer, only that you were in operating the vehicle without the belt on. It does not matter how long you had it off or if you subsequently put the belt on.

  2. Jeffrey Anthony Skiendziul

    Contributor Level 16

    6

    Lawyers agree

    Answered . You received multiple traffic tickets. If you wish to contest these tickets you will be required to appear in Municipal Court. It would behoove you to schedule a consultation in person with an attorney to discuss this legal matter further and in a more confidential setting before you are scheduled to appear in Court.

    If you choose not to retain counsel, be careful of what you say to the prosecutor as what you say can and will be used against you. Good luck.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more
  3. Mark M Cheser

    Contributor Level 20

    3

    Lawyers agree

    Answered . Who knows what the cop saw. He will be believed. These are all 0 point tickets. Try to get the prosecutor to drop 1 or 2 and just pay on one.

  4. Matthew C Simon

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Based on the info you provided, you are in violation of operating a vehicle without a seat belt, obstruction of your view (air freshener), and possibly not producing insurance documentation upon request. Your best bet is to try to negotiate an agreement with the prosecutor to drop 1-2 of the tickets in exchange for pleading guilty to 1. Unfortunately, many prosecutors wont plead it down if you dont have an attorney.

    Alternatively, hire an attorney to review the discovery/paperwork and advocate on your behalf. Depending what is documented, you may be able to get some of the tickets dismissed. Many attorneys, such as myself, offer free 30 minute consultations. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  5. Michael J Palumbo

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . The ticket you received is absolutely legal, it is a moving violation that causes an insurance increase, and in court it will be your word against the officer. Who do you think they will believe? This is why you need to retain counsel to protect your interests. If you want a referral on a great NJ traffic court lawyer give us a call 1-877-996-6849.

  6. Anthony J Van Zwaren

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . All of the answers are correct. The easiest one to convert is the one concerning insurance, which can be amended to a simple offense of failure to produce a card. Make sure to have your current insurance card available if you go it alone and meet with the prosecutor.

    DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you... more

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