I was pulled over and issued a seat belt ticket by a Clayton PD officer on a motorcycle this morning. Only problem is ....my seat belt was on when he pulled me.... just as it was before I started my car earlier in the morning. I told the officer that it had been on the entire time but he disagreed. We had a cordial disagreement about the situation but I still got a ticket. I guess I will actually show up to court to defend myself just to see how it goes.....will it do any good? I have a clean driving record and wear my seat belt religiously........ so I feel like I got screwed and the ticket is $132. Is it worth it to show up and see what happens?
A few years ago I got a seatbelt ticket, but the circumstances were a little different. I was going down 210 toward Ft. Bragg when I crested a hill and was passed by a State Trooper. He had me dead to rights for speeding, so I just pulled over, unbuckled my seatbelt, and got all my info out of my glove box. The trooper pulled up a few seconds later as I knew he would, took my paperwork, and returned to his cruiser. When he came back he gave me a ticket for speeding and one for no seatbelt, which was total BS. I explained to him that I had taken off the belt to get my info, but he didn't want to hear it. I went to court and got the seatbelt ticket dismissed and the speeding ticket reduced. My impression was that the DA wasn't really concerned with the SB ticket. I didn't even finish telling her the story when she took it from me and dismissed it.
That's interesting. I really think the officer couldn't see my seat belt that well given I have on a similar colored shirt today. Of course I realize I'm in a "his word against mine" situation but hopefully someone showing up to fight such a small thing, in the grand scheme of things, will provide doubt in my favor. That and I don't want to give away money for something I didn't do.
Before you go to the trouble, find out if it is dismissed if you will still have to pay court costs. I have seen some cases like that where it was actually cheaper to pay the simple fine than trying to go to court.
So I only have to pay the fine? The fine is $25 but the court costs are $106. I thought I would either have to pay everything or nothing. Are you saying I could pay $25 now and walk?
If you go to court to fight the ticket and lose (or plea bargain with the DA) you have to pay the court costs. It is gets dismissed you don't pay court costs. If you pay the ticket outright then you save the court costs but it will go on your insurance record. Can you say "skyrocket"? :lol: You can also ask for a Pray For Judgement and if it's granted you do not pay court costs.
Ok...just so I'm clear. If I don't fight it in court do I still pay court costs? In other words, can I pay "the fine" of $25 now and be done with it? If so, I might just do that as it will cost me that in time and gas just to fight it.
If it's going to cost you either way, I say fight it. I respect law enforcement officials as much or more than most people, (never had a ticket, never been charged with anything) but Clayton PD has been overly aggressive lately. I have encountered a couple that have been rude and have had serious chips on their shoulders. That's fine if it's necessary for them to get their job done, but maybe it's the Napoleon syndrome because Raleigh cops, Highway Patrol and JoCo sheriffs have always been respectful. If he's lying or incorrect then he needs to be called out on it. Flame away - it's my experience, I'm not making it up.
I'm with you on respecting the law enforcement. I even mentioned this to him today when cordially disagreeing with him. He was polite and listened to my side but at the end he said he saw what he (thought he) saw. He just happens to be wrong. I'll go to court and just explain my side. Hopefully my clean driving record, no criminal record and respectfulness will be enough to earn some brownie points with the judge.
You'da thunk your clean driving record and repectfulness woulda earned you a dang warning... dang quotas
I mentioned my clean record, thinking he had run my license, but he said he didn't even do that. I thought that was odd. I could have been an Al quaeda operative. :lol:
I noticed a rise in police activity around Clayton shortly after the news reports declaring the start of Click-it-or-Ticket. Just for fun, I tried to determine if passing motorists were wearing seat belts or not. I found it nearly impossible. Chalk it up as a contribution to Beverly and the NC Law Enforcement Pension fund. That's just the way the machine works in these parts.
Seems as if the Clayton PD was on a mission today -- had a client come into our office (lawyer) with a seatbelt violation! I asked if it was a motorcycle cop and she said that it was not. She did not have on a seatbelt - so her ticket is spot on. The attorney told her the best thing would be to go down there and pay the fine - the DA in JoCo has gotten tougher on these violations and will not grant dismissals like they used to. So, rather than hiring an attorney - she's going to go down and pay the ticket. No points on insurance or license.
My day is coming. I am bad for forgetting it in my van. The Caliber is obnoxious about it though, really annoying chime until you buckle up. Yes, I could disengage it, but it does make me wear it more.
