I was pulled over by state highway patrol that said i was speeding. I had my seat belt on but under my shoulder. He said is was being improperly used and issued me a ticket for the seat belt. I know a seat belt ticket is a secondary ticket. I don't believe the officer clocked my speed because he was moving toward me and I simply asked how fast I was going and he couldn't tell me. I believe I was profiled because it was late at night. Do I have a good shot a getting this reduced or dropped to court costs?
Do you have a "good shot"...maybe. Know that the police are not required to "clock" your speed. The court has indicated, if properly trained, and officer can determine you are speeding by sight. It is unclear if you got a ticket for speeding as well as seat belt. Also, it is unclear what is meant by "secondary ticket". If I were you, I would hire an attorney, and see if you can get an unsafe vehicle, non-moving violation and the seat belt dismissed. That would be my goal. Good luck. Also, know it depends on the judge and prosecutor. Some are less amenable to reductions then others.
You may have a shot but it will probably cost you more than the no points seat belt ticket. If this is your first seat belt ticket it is a mandatory $35 plus costs fine per statute. I disagree with counsel in that although the Ohio Supreme Court ruled an Officer is not required to clock you or pace you the legislature then undid that and said that visual estimation without radar or pacing is not good enough to charge for speed. You are correct in that a seat belt ticket is a secondary offense meaning they can not pull you over for that alone. If the cop says he saw you speeding then he must establish the speed. I would be careful though because they could try to bring more charges against you because the officer probably wrote down warning for speed on your ticket. This isn't necessarily right either but will put you on the defensive against the new charge. Your question is can you beat it. The answer is possibly but you will most likely need to hire an attorney. Cost benefit analysis should be performed. Good luck.
www.becklawofficellc.com
Maybe - you are probably right about the officer looking for a reason to stop you. And the officer cannot stop you for simply not wearing a seat belt. However, the initial questions was whether the officer was justified to initially detain you. My guess is that he didn't lock in your speed. But in my jurisdiction the court would likely find that the officer had probable cause to stop you and then legally observed you not to be wearing your seat belt .
you can appear and contest the ticket if you like. However, note that the law states that you must be wearing your seat belt "properly adjusted". Unless you have a medical condition that prevents you from wearing it as intended (and probably a doctor's excuse), the court can find you were not properly wearing it.
Court costs are likely to be more expensive than the fine which is only $30. Court costs are likely to be double that. On the back of your ticket it likely said how much you would pay if you forfeit bond.
For a Franklin County/Columbus speeding or seat belt ticket, you certainly will have options to have the charge dismissed. You may want to consider hiring a traffic attorney in Columbus to maximize your options in court.
Douglas Riddell
Attorney at Law
(614) 361-2804
[email protected]
www.riddelllaw.com
