Q: State trooper pulled over wife in town for not wearing seatbelt
She was leaning forward in car and stated he did not see seatbelt when next to her. She was pulled over and license was in baby bag behind her. She removed seatbelt while stopped and reached back to get it. When officer arrived stated that he stopped her due to not wearing seatbelt and when she stated she was wearing one at the time he stopped her, he asked her why it wasn't on now. When explained he still gave ticket. No prior tickets or at fault accidents. Worth trying to fight or just pay the fine as it's her word vs. his? I don't really care about the money but frustrating to not be at fault and have to pay citation. Thanks.
A: This is really a credibility issue between your wife and the officer. But in all likelihood, she could keep this off of her record via a conversation with the prosecutor. The question really is whether you want to hire an attorney to fight the citation, but her explanation certainly makes a lot sense to me.
1 user found this answer helpful
A: I suggest going to court to fight everything. Talk to the prosecutor. If needed set it for trial. Put the state to its burden of proof. A lawyer would help, of course. But do it even if you don't have one. The might be a squad car video that may help prove it.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
