Seat belt

Business 4 views 3 answers
i recently got a seat belt ticket, but when i got pulled over i had just removed it from rubbing my neck because i had been driving all day and it was getting sore. I however barely had the belt strap under my shoulder and the waist belt was still on. The policeman came to the car and showed me how to adjust the straps so it would be hitting me in a different spot. When i received the ticket in the mail it said it was for NO seatbelt...and i am considering fighting the ticket since in actuallity my seat belt was still fastened. Could you please advise me

Attorney Answers

3
Brian Dinday ·
If your car's system uses two separate belts (lap and shoulder) to restrain you, the law requires you to use both. If it were equipped with only a lap belt. using it would be a defense. My advice is to take your lumps and be happy he showed you how to adjust the belt so it is comfortable for any amount of driving. He might have saved your life, no?
0 upvotes
Brian Freeman ·
Again, I completely disagree with the conclusion in the above answer. If you were wearing your seatbelt while driving, then you did not violate the (in my opinion, stupid) seat belt law. You are NOT GUILTY of the offense. According to the facts you stated above, you had already been stopped when you removed the belt. You should fight the ticket.
0 upvotes
Brian Freeman ·
Adding to my own answer, I would like to point out that under general criminal law principles, you also have a good defense of -necessity- if the statute is strictly construed to find you in violation for removing the should harness.
0 upvotes

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