Rochester, MN asked in Traffic Tickets for Minnesota

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.

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Traffic Tickets Lawyer
  • Rogers, MN
  • Licensed in Minnesota

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

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

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

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