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Is there any way of fighting a seat belt violation in NC.
Anonymous11 views4 answers
I received a $25 fine with $106.50 court cost for not wearing a seat belt. I tried to explain to the trooper that I had just left my house and did not put it on. The $25 fine is one thing, then to add $106.50 for court costs is totally ridiculous.I feel this is just a (BS) way of the state to get in my pocket. I'm unemployed and have been for a while. Is there anything I can do besides pay the monies?
If you notice, you admitted to the violation directly to the trooper. There's not much chance to get around that.
As for the state's imposition of surcharges, I totally agree with you. Most states have caught onto this ruse and are charging exorbitant administrative fees since they've already gone through the roof with taxes, so this is another way around taxes, while they raise revenues at the same time. I find it despicable of state legislators.
You may want to speak to an attorney locally, but that will cost you more than paying it.
Good luck.
Generally speaking, the fees states are charging are ridiculous. That is true all over the country as states deal with their own debts.
Unfortunately, i can tell you that fighting a ticket almost never ends with the defendant paying less than the mail in amount. Especially in a case where you admitted you were in the wrong, s judge might raise your fines and some areas have higher costs if you go to trial and lose.
Please understand that answering this doesn’t create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn’t legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.
John Yetter
www.brucarandyetter.com
You made a big mistake by trying to explain your behavior. What you did was to admit guilt, which will certainly be used against you if you decide to fight the ticket. A police officer does not have to tell you that you have the right to remain silent unless you are under custodial interrogation. That was not the case here. I agree that the fees are outrageous, but the way to fight them is through your legislature.
In some cases in North Carolina, the District Attorney will dismiss non-compliance charges if you are able to show that you cured the compliance issue. You should consult an attorney locally to see if and how to show compliance. If an attorney handles it for you it should cost between $50 and $100 depending on standard fees in your area.