Seatbelt Tickets in Texas

Discussion in 'Trucker Legal Advice' started by stylicho, Jan 27, 2007.

  1. Baack

    Baack Road Train Member

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    I have been pulled over for other violations and had a cool cop give me a seat belt ticket

    He said he had to give me a ticket for something so that was it

    Claimed he as to give a ticket for every one pulled over

    The ticket was only 10.00 so I paid it happily

    Beats the 150.00 it could have been for the real reason I was pulled over
     
  2. onexcop

    onexcop Light Load Member

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    A "cool cop" would have given you a verbal warning, not cited you whatsoever, and sent you on your way. Many cops use the excuse that they're compelled to cite you if they detain you. Not so. It was, however, decent of the cop to let you slide on the moving violation and cite you solely for the non-moving seat-belt offense, if in fact that was actually the case. In all likelihood, the cop did not have enough evidence to write you an incontestable citation (one to which you felt you had to plead guilty), or he stopped you on the questionable moving violation as a pretext, so he could write you the seat belt ticket, which was probably a secondary offense citation. The cop tells you he is doing you a favor, but in actuality he’s acting in his own self interest, not yours. Beware of any government official who ‘puts his arm over your shoulder’ and wants to be your friend or do you a favor.

    Regarding seat belts, personally I don't agree with legislating safety regulations that do not affect the general pubic, health, welfare or safety. In other words, it might certainly be wise to wear a seat belt while operating a motor vehicle. It might be equally wise to wear a helmet on a motorcycle, however, failing to employ either of those safety measures endangers no one... except possibly the driver. The real reason you have to wear a seat belt and a helmet (in most states anyway) is to protect the claims windows of the insurance companies who have spent millions on lobbyists to create legislation beneficial to themselves. Nothing more, nothing less. Best thing to do in the present environment, however, is to click-it, or get a ticket. I don’t agree with compelled seatbelt enforcement, but I strictly comply, because it’s in my best interest.
     
  3. MGASSEL

    MGASSEL Road Train Member

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    I had a ticket from the police here they tried to say that I had an unsecured load a guy claimed that the pea gravel jumped off my trailer that only sat 2 feet of the ground and then bounced 5 feet up and cracked his windsheild. Well I went in on the court date pled not guilty and scheduled a trial. So trial day comes the cop showes up and I am out in the hall of the court the cop and city attorney walks up to me and says sorry for the long wait we had another case infront of you we want to reschedule your court I told them heck no I am not comming back period. City attorney says well we can give you a 6m differed sentance I said if that will be the only thing to get this case done today ok. Well needless to say It did not go on my record and the guy that claimed that I cracked his windshield never heard from him not even through my insurance.
     
  4. onexcop

    onexcop Light Load Member

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    That's a very common practice and tactic, Mgassel. The "Deferred Sentence" means "withheld adjudication". All that means is that, based on your agreement not to contest the charge against you ("no contest"), in return the Court would withhold punishment, which still equates into your admission of guilt, but relieves you of any consequences, other than "court costs", which I submit you probably had to pay. When the prosecution has a weak case it will often negotiate this type of plea agreement. Many times your better off accepting it because of time constraints which equate into losing more money if you take more of your time. As long as you do not get assessed points and the court costs are reasonable, its an okay deal.

    It’s almost always more advantageous to initially enter a plea of "not guilty" to any citation, or arrest for that matter. You can always change your plea at a later date based upon a negotiated deal. You’ll almost always come out much further ahead. Remember, the more people who plead "not guilty" the weaker the system becomes and more chances for mistakes in your favor.

    Also, it would have been extremely difficult to prove the "pea gravel" case against you without the direct testimony of the so called "victim". Don't know if he/she was present that day, but if not, you probably would have won hands down, since the officer did not witness the incident and could only testify what 'he' saw and not to hearsay from the absent victim.
     
  5. roadhog

    roadhog Medium Load Member

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    Just a comment - my loving hubby got a ticket for a seat belt at night! He turned his dome light on to grab something off the dash and the statey saw him.

    Now that your done laughing, he won't do that again, I had to pay the ticket and wasn't a very happy person. So, remember, if your not wearing it - DON'T TURN THE DOME LIGHT ON!! lol
     
  6. candab

    candab Light Load Member

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    On my "trip from Hell" before Thanksgiving in which I also experienced oil slobber on one of my stops, I also got a seat belt ticket. Texas car trooper stated he didn't see my seat belt on when I went by him when he was sitting perpendicular to the freeway. My 7 year old son was in the passenger seat and could testify that it was buckled. My Comfort Latch was locked in place and the belt was a little loose over my arm instead of my chest (my mistake).

    I've heard that it's counted as points on my record. If so, I guess I should fight it. Anyone know if it is counted against your record?
     
  7. squirrellsgnwild

    squirrellsgnwild Medium Load Member

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    I have learned alot watching court tv and the local news station. First cops need a good reason to pull you over for a violation! not just he looked underage or had no seatbelt on. In California you are allowed to go no more than 10 miles over the speed limit, after that you can get a ticket. If the cop doesn't show up then the judge has to dismiss the case! i have heard that there is a 25% no show rate on that.

    Keep in mind that i drive a 4wheeler in California and that is just my 2 cents!
     
  8. notarps4me

    notarps4me Road Train Member

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    A CMV is a total different world.
     
  9. Truckerjo

    Truckerjo Road Train Member

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    LOL that's the truth, this past Wednesday I was pulled over by DOT doing absolutely nothing wrong... was told the reason I was being pulled over was for a random inspection and that DOT has the right to do as such.
    So far as CMV goes you "CAN" be pulled over for doing absolutely nothing wrong......
     
  10. leannamarie

    leannamarie <strong>"California Girl"</strong>

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    What are you talking about? The speed limit is the speed limit. You can be pulled over for going 1 mile over the limit. Sure, in reality they don't mess with you unless you are going over 5, but during "maximum enforcement periods" they DO pull you over for as little as 1 mile over the limit. And in California, the seat belt law is a Primary item, they can pull you over merely for not wearing it. The law about underage drivers carrying passengers is a Secondary item, meaning the cop can't pull you over just because you look underage, there has to be another reason.
     
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