Should I contest this seat belt ticket CA.?

Question

It was 9 a.m. and I was on my way to work. Was driving with a Starbucks in my hand. I approach a red light to stop and a 2 liter bottle of coke I had secured in the front passenger seat bolts to the floor next to my accelerator pedal. Since I was at a stop, at a red light, I unbuckeled my seat belt so I could reach down to move the 2 liter beverage from my foot. Just as I was reaching to rebuckle up a motorcycle cop speeds by, tops, turns around and pulls me over for not wearing a seat belt. I was still at a stop, cop refused to listen to my story, got ticketed. I know this sounds like BS but it's the truth. Had I tried to pull over to the side of the road with the 2 liter bottle near my foot it could have caused me to have an accident. Would a judge believe this or do I simply ruin my perfect driving record?

Answer 1

I would try it but the law in many states is the same, if you are in a vehicle on the road, you must have your seat-belts on, moving or not.

Answer 2

No reason not to try and contest it. I got ticketed for speeding in a little 25 MPH inbetween 45MPH zones. Went to court, cop didn't show up, saved myself a $150 ticket.

Answer 3

Its CA. I've lived here my whole life the judge wont care what your story is. Bottom line to him is your in the car, as long as your in a car, and its moving, you gotta have your seatbelt buckled. Sorry but i don't think you will win that won. there is always traffic school, its like a whole day or something?

Answer 4

I would go to court and contest it.  If you show up prepared, dressed nicely and are polite you can probably get away with just paying a fine and getting no points.  In ohio seatbelts are not a moving violation. However this might be different in CA.  If seatbelt laws were not moving violations in CA then he would have had to pull you over for another reason and then intern issued a citation for the seatbelt. Find out what the law is. If seatbelt violations are not moving violations and he did not stop you for any other reason than he issued you the citation illegally but i doubt any cop  would make such a stupid mistake but it does happen, something worth looking into.  Seatbelt tickets range from 40-175.00 bucks depending on where you are at. If you go to court you may have to pay court fees.

Answer 5

It's probably a losing effort but it doesn't hurt to contest it.  Seatbelt violations do not qualify as a 'moving violation' so t doesn't go down as a point on your record.  Meaning you don't have to take traffic school.  It's just lame that you have to pay the $35 or so.