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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
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?
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.
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