Got a ticket for not wearing a seat belt, BUT I was wearing one.

46-062

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Hahahahahaha .. you have no idea how my court appearences have gone. but nice try.

Were your appearances that funny? If I had any idea, I would have laughed just as hard as you.
 

BLTM

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Fight it only and I mean only if you were truly wearing your belt..if not stop wasting everyone's time and pay it...

I wouldn't just settle and pay a fine because that is the 'easiest' route...Cops are human and make mistakes...a judge realizes this and may side in your favor

I believe everyone should fight tickets that they believe were issued unjustly. That being said a courtroom is run on rules of procedure and evidence and you dont get to go fishing or ask irrelevant questions which waste the court's time. When a point can be made with one question you dont get to prolong it with a dozen.

If I do want to oppose the ticket, will I get charged with court fees. I'm located in Illinois. I mean the ticket is $60, theres no point in trying to argue my point if their going to charge me lets say $100 to do so.
 

46-062

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If I do want to oppose the ticket, will I get charged with court fees. I'm located in Illinois. I mean the ticket is $60, theres no point in trying to argue my point if their going to charge me lets say $100 to do so.

I knew I had a reason to leave Chicago at the age of six.
 

SCMOKN

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I love how some of you would bend over and take it! Thats why things are the way they because people won't stand up for whats right...
 

svtcop

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I believe everyone should fight tickets that they believe were issued unjustly. That being said a courtroom is run on rules of procedure and evidence and you dont get to go fishing or ask irrelevant questions which waste the court's time. When a point can be made with one question you dont get to prolong it with a dozen.

You mean to tell me that 46 can't just ramble on in court about absolutely nothing?

He will just resort to name calling with the judge like he has with everyone who has disagreed with him here. I'm sure that will get his point across. :bored:
 

svtcop

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The last time I had a cop on the stand in traffic court who was as **** sure and inattentive as you, the judge told him he would be pounding a beat if he ever wrote another ticket like the one he gave me. The officer told the judge the California Highway Patrol doesn't have foot patrol. The judge said, "Wanna bet I can change that with one phone call?"

Jesus Christ. My argument is a collection of ideas for the OP to explore. I don't know what intersection he was at and I don't know if his illustration is to scale. Look at some of the intersections in Irvine, California. Use the measuring tool on Google Earth.

I didn't bother to research the maximum allowed windshield tint in the OP's particular location nor if his windshield has any additional legal tint.

What if the driver's window was up?

And, if you presume I'd go to court without doing a bunch of research and knowing the answer to or have a secondary line of questioning for every question I ask, you'd be wrong.

:lol: Laughable at best. Comedic relief in the Donut Shop, it has its place I guess.

How would you go about fighting one?

I wouldn't take advice from 46. That's a great start.

Nobody dares to fight a ticket issued by SVTcop!

Wouldn't make a difference to me. I get paid overtime for court. :shrug: I don't get all upset and start name calling like you when someone disagrees with me though. It's part of the game. I've never lost a traffic case. But then again I put facts in my reports, unlike your posts in here.
 

46-062

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You mean to tell me that 46 can't just ramble on in court about absolutely nothing?

He will just resort to name calling with the judge like he has with everyone who has disagreed with him here. I'm sure that will get his point across. :bored:

Are you dense? One more time, my post is not a script. If you can't find a few ideas you could build into a defense for the violation at hand, you're hopeless.
 

RDJ

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Are you dense? One more time, my post is not a script. If you can't find a few ideas you could build into a defense for the violation at hand, you're hopeless.
your post is full of inaccurat babbling that if anybody follows even half of it the judge will laugh them out of court. Maybe what you should have done was make RELEVANT pointers that would be useful without having to dredge it up out of the depths of that mess.
 

46-062

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your post is full of inaccurat babbling that if anybody follows even half of it the judge will laugh them out of court. Maybe what you should have done was make RELEVANT pointers that would be useful without having to dredge it up out of the depths of that mess.

If you speak in court as well as you wrote your first sentence, I'm guessing the both the judge and clerk ask for lots of clarification.

Why don't you do something useful and provide the OP with a correct, RELEVANT concise outline on how to defend himself in court without using the phrases, "plead guilty," "traffic school," or "plead it down to?"

Go ahead. I can hardly wait to see what you come up with.
 

RDJ

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If you speak in court as well as you wrote your first sentence, I'm guessing the both the judge and clerk ask for lots of clarification.

Why don't you do something useful and provide the OP with a correct, RELEVANT concise outline on how to defend himself in court without using the phrases, "plead guilty," "traffic school," or "plead it down to?"

Go ahead. I can hardly wait to see what you come up with.
I haven't used those terms at all. Frankly in this case he is PROBABLY going to be better off just paying it. it isn't a points violation so it won't affect anything but 60 bucks out of his pocket.

Going to court would be a crap shoot at best. However, if his record is clean and he tells the judge that the officer was mistaken and that he did have his seat belt on. If it is his first offense and if the judge's wife didn't burn his toast that morning he has a pretty good chance of getting it dismissed. if the judge got burned toast then he will likely have the fine and court costs to deal with.

other than the above there isn't much to do. pulling that crap you posted in front of the judge is sure to get him convicted, your opinion notwithstanding.
 

46-062

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I haven't used those terms at all. Frankly in this case he is PROBABLY going to be better off just paying it. it isn't a points violation so it won't affect anything but 60 bucks out of his pocket.

Going to court would be a crap shoot at best. However, if his record is clean and he tells the judge that the officer was mistaken and that he did have his seat belt on. If it is his first offense and if the judge's wife didn't burn his toast that morning he has a pretty good chance of getting it dismissed. if the judge got burned toast then he will likely have the fine and court costs to deal with.

other than the above there isn't much to do. pulling that crap you posted in front of the judge is sure to get him convicted, your opinion notwithstanding.

As I suspected, no advice on how to fight the ticket..
 

RDJ

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As I suspected, no advice on how to fight the ticket..
this ticket has few ways to fight it. I gave one. you gave a bunch of irrelevant shit that won't work. I give advice that is realistic as opposed to the dream courtroom you apparently practice in.
 

FordSVTFan

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Aren't you a Junior G-Man Fed/fledgling lawyer? Your use of et.seq. intimidates me!

I am a Prosecutor.

My experience in traffic court is no different from my experience in Superior Court: Judges allow people who appear in pro per a lot of leeway.

Judges do allow some leeway to "Pro Se" litigants, but not to the extent of your little diatribe. Plus, Pro Se litigants still must follow the rules of procedure and evidence and a Prosecutor will shut down such a fishing expedition, especially over a non-criminal traffic summons.

How else could a dolt like me not only win in traffic court, but suing one of the largest real estate brokerage firms in the country with nothing more than a copy of How to Sue in California Supreme Court for $25,000 or More (Nolo Press)?

Even a broken clock shows the right time twice a day. Your limited experience is great for you, but it does not create a rule and is the exception.

Tell me that a legal expert like you could not lay a foundation for one or more of the points I used in the construction of a decent defense. If you couldn't, your client would be better off showing up in pro per.

I could lay a foundation for some of those points, others a foundation could not be offered without expert testimony. Once again you clearly do not understand the rules of procedure or evidence.
 

FordSVTFan

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If I do want to oppose the ticket, will I get charged with court fees. I'm located in Illinois. I mean the ticket is $60, theres no point in trying to argue my point if their going to charge me lets say $100 to do so.

In most jurisdictions you are not charged court costs unless you lose.
 

Stanley

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I asked how would you fight one because I almost got a seatbelt ticket a long time ago when I was wearing mine and wondered then what would I have done other than pay it.
 

Outlaw99

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46-062, you sure are good for some laughs...

good thing this isnt in smackdown....you might teach us all a lesson.
 

LostPony

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I think if it were a matter of if you were wearing it or not, taking photos might help. However you stated that the officer said his partner saw you putting it on at the intersection, so I don't think photos would really help you.

I once argued in court a number of reasons an officer could not tell I was doing what I was accused of, only to have the officer say his "years of experience" were how he could tell. Case closed, guilty as charged. Good luck.
 

Outlaw99

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hey 40-062, how about the date and case number, state and county of offense for verification...it is public record anyway.
 
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