Failure to wear seatbelt ticket, WHILE wearing seatbelt...

[mdisalvo85]

So I got a ticket the other day for a failure to wear my seatbelt, WHILE wearing the seatbelt under my arm. I wouldn't even bother fight it, but the fact is that I had it on I just tuck it under my arm instead of over my shoulder because it's uncomfortable. On the bottom (notes section) of the ticket the cop even acknowledged that the seatbelt was under my arm with a side note saying-"seatbelt under arm".

Does anyone have any advice or know the exact wording on the law behind wearing your seatbelt(in Ohio)? Anyone think I could/should take it to court? It's an 81.00 ticket...

 

[FordSVTFan]

So I got a ticket the other day for a failure to wear my seatbelt, WHILE wearing the seatbelt under my arm. I wouldn't even bother fight it, but the fact is that I had it on I just tuck it under my arm instead of over my shoulder because it's uncomfortable. On the bottom (notes section) of the ticket the cop even acknowledged that the seatbelt was under my arm with a side note saying-"seatbelt under arm".

Does anyone have any advice or know the exact wording on the law behind wearing your seatbelt(in Ohio)? Anyone think I could/should take it to court? It's an 81.00 ticket...

The shoulder harness must be worn over the shoulder.

 

[Iceman II]

Lucky your not in Texas, the fine is about $140.00. The seatbelt must be worn in the manner it was intended it to be worn. I do the same thing as far as writing a note so I can remember what took place. I wrote the same ticket about a month or so ago and the son and the mom acknowledged he had the shoulder belt behind his back on video. Sorry, but probably not going to work in court. Officers pretty much have a good idea on this.

 

[mdisalvo85]

I've done a little research and found this in the Ohio Revised Code regarding seatbelt law:
(D) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of division (B) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.

The officer said he pulled me over because he noticed I wasn't wearing it...anybody think this is a good defense?

 

[mongo57988]

I work for a PD in Tennessee. Our old code made it a secodary offence. The new one makes it a primary offence. So my first suggestion would be to make sure you are looking at the most up to date code for that section. Ohh and State Law in TN first offence 10 bucks second and all offences after that 20 bucks.

 

[Moparkidd]

been through this before. one of our drivers at work was written a ticket for wearing his seatbelt as you were. its unsafe, he was written a ticket for something along the lines of unsafe use of seatbelt, idk. but its legit.

 

[BoostFiend]

legit ticket as far as Oregon is concerned. You were using it improperly.

 

[bscarberry]

i got one like that in michigan a few years back and i tried to fight it... improper use of a safety device is what it came down to and i had to pay the ticket and i lost my insurance discount for wearing a seatbelt

 

[Smoked SVT]

In rock hill the cops have nothing better to do than give these tickets. they will literally circle a 2 block radius some days pulling person after person for no seat belt. I even got pulled one day in my 68 c10 and was told I didnt have a seat belt on, to which I replied, "it has lap belts". She then felt dumb and said "well your liscense plate frame covers too much of the tag Im just giving you a verbal warning though". Its $25 here luckily. Ive gotten two of them. Good luck but Im afraid there is nothing you can do about it.

 

[rust0r]

heres an idea write him a letter saying THANK YOU, my seat belt saved my life, wearing it like you are is asking for serious injuries in an accident (broken ribs, internal bleeding, quite possibly death), im sure people can comment from what they have seen at accident scenes


check your car, many of them now adays have where you can adjust the height of the seatbelt where it meets the top to accomodate your height ?

 

[mdisalvo85]

Nah, it's not really adjustable...but yea I'm gonna try to break my habit of wearing it that way now. I don't think I'll take it to court, just pay the fine! Oh well...to be honest I think the real reason he pulled me over is because I left my laser jammer on while he was shooting me and couldn't get a reading...

 

[mdisalvo85]

*he couldn't get a reading, that is.

 

[03trubluGT]

I seem to find that overweight or older people tend to try to get around the shoulder strap this way.

 

[Mustanger]

Nah, it's not really adjustable...but yea I'm gonna try to break my habit of wearing it that way now. I don't think I'll take it to court, just pay the fine! Oh well...to be honest I think the real reason he pulled me over is because I left my laser jammer on while he was shooting me and couldn't get a reading...

I know what you mean about the shoulder part bothering your neck...I solved the issue by buying a soft shoulder pad, wrap around style, from Roush that looks great & feels good on my neck! Check around you can find one that works for you!

 

[nathanralph]

It's probably legal for him to ticket you, but if you're nice, have a good record and the judge is in a good mood he might let you off with a warning with your explanation.

 

[Senkak]

When I go to the drag strip I install the 6 point harness.
This is what I wear to and from the track.
I have had several officers pull up next to me and since my car is a vert it is very easy to see what I'm wearing.
I have never been stopped even running slicks and skinnies.
Is it a safe assumtion that the 6point is illegal and a ticketable offense?

 

[Uncle Meat]

Wearing the shoulder strap under your arm is like riding a motorcycle and wearing your helmet on your ass. Not going to help much in the event of a collision. You'll be eating a healthy portion of steering wheel or airbag.

U.M.

 

[Zinc03Cobra]

You sound a lot like my friend.. he doesn't like wearing that part of the seatbelt cause he says it "wrinkles his clothes"

 

[SUPERCHARGEDV8]

my bad!

 

[SUPERCHARGEDV8]

When I go to the drag strip I install the 6 point harness.
This is what I wear to and from the track.
I have had several officers pull up next to me and since my car is a vert it is very easy to see what I'm wearing.
I have never been stopped even running slicks and skinnies.
Is it a safe assumtion that the 6point is illegal and a ticketable offense?

I had the same question in mind. Any one know the answer? Just askin cause my mustang doesn't have the original seat belts anymore the only thing that i can use on the street is the harness.