My nephew got a seat belt ticket at about 10.30 pm at night in Lakewood.....he was very close to his home so did not remember to put the seat belt on but when he saw officer following him, he immediately put the seat belt on,so when officer came to his car seat belt was on. He begged to officer for mercy but officer said its not for discussion and if you continue I can send you to prison.
He can not afford a lawyer as he is unemployed. Recently he had a ticket for following too close but was dismissed. Should he just pay or ask for deferred finding? how can he ask for deferred finding on his own? To ask for deferred finding he has to contest? and go to judge in person? or he can write? I assume Since he had recent ticket, even though dismissed he wont get this ticket dismissed correct?
A seat belt ticket is a non-moving violation. It shouldn't hurt his record for insurance purposes. Don't use a deferral on it. It isn't worth it
Seat belt tickets are non-moving violations, meaning unless you are a commercial drivers license holder they have very little real affect other than the fine. Not really worth stressing about.
For deferred finding you usually have to appear in court and ask the judge. It depends on the court. Mark the box contested is the best way to preserve your rights.
if the ticket is in Lakewood Municipal Court, he can use the following form to mitigate in writing: https://www.cityoflakewood.us/documents/municipal_court/Infraction_Written_Statement.pdf
He can ask for the deferral that way. However, if he just had a ticket dismissed, he probably already burned his deferral on that ticket. You only get one deferral every seven years. Also, as others have said, this ticket is not worth a deferral. A straight mitigation and request for fine reduction is better.
I agree that a seatbelt ticket is a non-moving violation. However, it is a non-moving violation that does get reported on the driving record. I know of at least 1 insurance company that calculates a seatbelt ticket as a moving violation according to their own internal underwriting policies. Even if an insurance company does treat a seatbelt violation as non-moving, the presence of other tickets on the driving record in addition to this ticket may trigger an insurance increase. Hiring an attorney is the prudent course and there are many attorneys that charge affordable rates.
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