wrongfully cited for not wearing seat belt

[purelyinsane]

What is the name of your state? KY

I'll start by saying that I have made other posts to the child support forum and those are under the state of WV. I know someone will find that and say I'm full of it so I'll mention that now. We do not live in WV. Just pay support there.

First someone stole my registration sticker from my license plate. I got pulled over and showed the cop my receipt and he let me go. He said I needed to put a new sticker on my plate. I went to the clerks office and they wanted to charge me six dollars for a new sticker that I will renew next month anyway. So I refused to pay for a new sticker simply because someone stole mine. That's not fair.

So my husband drives my car to work. And he gets pulled over. The officer says he pulled him over because registration wasn't current. He showed him the receipt and the officer was ok with it. Went back to his car, ran my husbands license, he comes back gives his license back and then says "well i'm giving you a ticket for not wearing a seat belt". In ky seat belt is a primary law. However my husband had his seatbelt on the whole time. He told the cop he had it on the whole time and he says to him " well it looked to me like you didn't".

I called our sheriffs dept and told them what this state police officer said and the deputy said he didn't agree with the officer. that he should have been sure of my husband not wearing a seat belt. not that it "looked" like he wasn't wearing one.

How easy is it to contest a seat belt fine? It's just 25.00. But it's the principal. Personally we think he knew he couldn't fine him for the registration so he just used the seat belt law as a way to bring in some revenue. What was even worse was that before my husband could even pull away the cop was whipping a u turn in the road in traffice to pull another car over that was slowly passing. Looked like someone was just out to make revenue.

I was told he could see the county attorney. But it's his word against the cop. so what happens here?

 

[Zigner]

You may want to pay that $6 bucks for your registration sticker now

 

[purelyinsane]

You may want to pay that $6 bucks for your registration sticker now

absolutely not. i'll renew my registration next month when it's due. it's the pricipal of it. no ticket should be issued for not wearing a seat belt when it was being worn. simply because the cop couldn't write a ticket for no reg sticker.

So back to my question. What is the process for fighting a citation like this? Don't they usually listen to the cop regardless of the situation? From now on we're video taping all of our incidents with the law with our cell phone camera. Another thing that was strange is that the police officer didn't want the insurance card. When my husband handed him his license and the registration papers he asked the cop if he wanted his insurance card too. And the cop was like no..i don't need it. Like he already knew the traffic stop was BS anyway.

 

[Zigner]

absolutely not. i'll renew my registration next month when it's due. it's the pricipal of it. no ticket should be issued for not wearing a seat belt when it was being worn. simply because the cop couldn't write a ticket for no reg sticker.

So back to my question? What is the process for fighting a citation like this? Don't they usually listen to the cop regardless of the situation. From now on we're video taping all of our incidents with the law with our cell phone camera.

All you have to do is prove that he was wearing his seatbelt.
As for video-taping all of your incidents with the law, how many do you have?
Please keep in mind that you are CHOOSING to break the law every time you drive the vehicle in question. Furthermore, you likely CAN be cited for not properly displaying your registration tag.

 

[purelyinsane]

Everyone knows he can't prove he was wearing his seat belt. How often does an official take the word of a civilian over that of a cop?

Well we've had three incidents in the past week. Four days ago my husband was pulled over for speeding 10 over. The county attorney threw it out because the cop was a city cop and out of his jurisdiction.

The next day the same cop pulled me over for my registration. no ticket though.

Now four days later we have this seat belt issue with a state trooper.

A couple years ago a cop pulled me over and tried to open my door and was yelling at me outside of my car like i was a fugitive. I barely cracked my window because it weirded me out a little. He said i was going 101 mph in a 65 on the interstate. But i was following a line of cars and we were going 90. I got a lawyer and went to court and had the charges dropped to 75mph.

So yeah i'm going to start taping when a cop pulls me over. because i don't trust them. There are stupid people out there that think if a cop gives them a ticket or a hard time they have to just take it and go on. with my experience most of the time they are wrong. And with a primary seat belt law it's too easy to give tickets for that even when people are wearing them. and cops know this.

If anyone has any experiences with this same situation please respond

 

[Zigner]

You know - I don't get pulled over all that often. Then again, I generally drive pretty darn close to the speed limit, I make sure that my tags are current and I stop at stop signs and red lights...
I guess I'm just a goody-two-shoes...

EDIT:

I've been pulled over 3 times.
Once, at 16 years old, for running a red light while I was taking my mom to the hospital for an asthma attack. I feel the light was yellow...but how am I going to prove that, right?
Next, at 17 years old, for doing 70 in a 55 (central Calif. on a wide-open freeway). I was guilty. Ironically, that same stretch of road is now 70 mph.
Last, at 19 years old, for chirping my tires on a borrowed '74 Pinto (exhibition of speed, no less!) That was just a warning though.

It's now been 19 years with no "run-ins" with the law.

 

[purelyinsane]

You know - I don't get pulled over all that often. Then again, I generally drive pretty darn close to the speed limit, I make sure that my tags are current and I stop at stop signs and red lights...
I guess I'm just a goody-two-shoes...

My tag is current. Excuse me for not looking to make sure the sticker isn't attached to my plate every time I get into my vehicle. I've never had anyone steal my sticker from my plate. And that really makes me angry. I hope whoever stole my tag is happy now that they made ME a target for the cops.

Look I stop at stop signs and lights. I wear my seat belt. and since i had my child i don't really speed anymore. that's the thing. WE were totally legal all three times. Another thing that was crazy was that when the city cop gave the ticket out of his jurisdiction the radar detector never went off. It was on a road that's flat and visibility is for atleast two miles. The police cruiser was sitting facing our car. The detector we have detects radar from all angles. Even from behind. It picks up every radar available today. Of course it couldn't have been used in court but I highly doubt the cop even had his radar on when he gave my husband a speeding ticket a week ago.

 

[Zigner]

My tag is current.

No, it's not. You need to DISPLAY a current tag.

WE were totally legal all three times.

No, you were not. You need to DISPLAY a current tag.


(Are you getting my drift now?)

 

[purelyinsane]

No, it's not. You need to DISPLAY a current tag.



No, you were not. You need to DISPLAY a current tag.


(Are you getting my drift now?)

No. I'm not getting it. I paid my registration. I don't see where a sticker has anything to do with being legal or not. The money is all the state cares about anyway. I have no idea why there's such a fuss over a sticker. and furthermore to charge me money for a second sticker after i already paid for the first one. that's rediculous. charge 6.00 for a sticker that costs .10 to make. i'm not here to make our governor rich. But they didn't write me a ticket for the sticker. Perhaps it's because legally i PAID my registration. Why give a ticket for some bogus claim of not wearing a seat belt when they could just write a ticket for not displaying the proper tag? (Rhetorical question). But if anyone has a really good answer to this I'm all ears.

someone can take the time to peel off my registration sticker and i have to pay the price for it. no way. i'll let my car sit in the driveway until i renew it next month before i pay for another sticker.

 

[Zigner]

No. I'm not getting it. I paid my registration. I don't see where a sticker has anything to do with being legal or not.

Because, that's what the LAW requires. If you don't agree with it, take it up with your legislators.

 

[patstew]

someone can take the time to peel off my registration sticker and i have to pay the price for it. no way. i'll let my car sit in the driveway until i renew it next month before i pay for another sticker.

A most excellent idea. I recommend this course of action.

 

[FlyingRon]

Crikes, you could probably just renew early and incur no EXTRA fee for the replacement. Most places give you a couple of month window ahead of the expiration date.

 

[Zigner]

Crikes, you could probably just renew early and incur no EXTRA fee for the replacement. Most places give you a couple of month window ahead of the expiration date.

But But But...it's the PRINCIPLE of it!!!

 

[purelyinsane]

But But But...it's the PRINCIPLE of it!!!

I am going to do that. But it's not like i can come up with a couple hundred dollars that's not dedicated to any other bills on a whim. if you haven't noticed the economy lately people like me plan my bills ahead of time. We have no money at the moment for suprise expenses. I was adding my reg fee into my familys May budget. Not april.

i still don't see where i should have to go out of my way because some dead beat stole my sticker. My mom does have a car she never drives. I could snag hers until may.

 

[seniorjudge]

I am going to do that. But it's not like i can come up with a couple hundred dollars that's not dedicated to any other bills on a whim. if you haven't noticed the economy lately people like me plan my bills ahead of time. We have no money at the moment for suprise expenses. I was adding my reg fee into my familys May budget. Not april.

i still don't see where i should have to go out of my way because some dead beat stole my sticker. My mom does have a car she never drives. I could snag hers until may.

When I put a new sticker on my auto tag, I cut an X in it.

The bad guys can't get it that way.

They can still rip it off, but they can't use it.