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Can I win a no seat belt ticket in Houston if the officer who pulled me over did not write me a ticket, but rather his partner.
Anonymous2 views2 answers
Two patrol cars, one officer each usually hide in the 610 underpass of Westheimer Road and sneak attack people who are not wearing their seat belts. The older standing officer noticed me reaching for my seatbelt, but i was reaching to make sure i had it on. He did not write me a ticket but rather the rookie officer who could not see me did. Can I argue that the rookie officer should not have written me a ticket but rather the older officer who pulled me over.
Yes. Despite the slogan, keep in mind the current law is not "Click It or Ticket". The lack of personal knowledge may play an important factor depending upon which policeman appears at the trial setting. Schedule your case for a trial by jury rather than a trial by judge.
Paul Holt WalcuttCriminal Defense AttorneyAustin, TX ·
You can take this issue to trial before a judge or jury. You very well may be right that this particular officer could not have seen the violation. But he's going to testify that he did see you without the seat belt (whether or not that's true is another matter). How are you going to prove he's lying/mistaken? Unless you've got some very convincing evidence, the badge and uniform usually win this kind of swearing match.
Feel free to talk to a local defense attorney who handles traffic violations for more specific advice. Good luck.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
