Was wearing seat belt under arm and still got ticket, can i fight it?

Joan J

I don't think it will be worth fighting--pay the ticket and start wearing your seat belt-- correctly.

Steven C

no you weren't using it right.

Alex

Sure, spend money on hiring an attorney to fight a seat belt ticket. Then your high priced lawyer can tell you something that everyone else learned when they were 6, that the shoulder belt goes over your shoulder. If you are going to wear your seat belt improperly you might as well not wear it at all.

MGS5: Solid Stewie

You can try, but chances are you'll lose.

wuxxler

No. The law says "safety belt or other approved restraint being properly used".

Murphy

You can fight it if you want to since it is your word against the officer's. It would be very hard to prove either way.

PM4

No, you were not wearing it correctly, the ticket will stand

James M

No, you wasn't wearing the seat belt properly, and you were risking severe head and stomach injuries. Pay the ticket, and put it down to experience.

Maverick

you can fight but you won't win.You have to wear the seat belt like it's designed to be used.

bbasingal

You can try to fight anything.........In Illinois, the law clearly states properly adjusted and fastened, yours wasn't.

Sec. 12â€‘603.1. Driver and passenger required to use safety belts, exceptions and penalty.
(a) Each driver and front seat passenger of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat safety belt; except that, a child less than 8 years of age shall be protected as required pursuant to the Child Passenger Protection Act. Each driver under the age of 18 years and each of the driver's passengers under the age of 18 years of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat safety belt. Each driver of a motor vehicle transporting a child 8 years of age or more, but less than 16 years of age, shall secure the child in a properly adjusted and fastened seat safety belt as required under the Child Passenger Protection Act.

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+12+Art%2E+VI&ActID=1815&ChapAct=625%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=49&ChapterName=VEHICLES&SectionID=59766&SeqStart=121500&SeqEnd=123800&ActName=Illinois+Vehicle+Code%2E

Hope this helps.

(In Illinois, a seatbelt violation can be a primary offense)

ms_kittie_1969

You can fight it, But it won't do you any good. You weren't wearing the seat belt properly. A perfect analagy would be like driving a car with a flat tire. The tire is there, but it isn't very useful. Same idea with the seatbelt. Unless it it properly worn by the rider, it can't protect you. Maybe this will be a ticket that will remind you to wear it correctly and next time it could save your life. Sorry for sounding like a public safety commercial.

cexxiesix

You should pay the ticket. The weaingr of the seatbelt improperly is similar to not wearing a seatbelt.

snowdrift

As a prosecutor, I was hoping that someone wouldn't ask a seatbelt question.

Let me preface my answer by saying that many states do not allow police to stop a vehicle for a seatbelt violation. Mine doesn't. But, that doesn't stop the TV commercials in my state from showing all the cars that are stopped for seat belt violations. You know: "click-it or ticket."

So, first you need to figure out if the law in your state makes driving without a seatbelt a "primary offense." If so, then you can be pulled over for not wearing a seat belt.

In my state, not wearing a seat belt is a "secondary offense." This means that law enforcement cannot pull you over for simply not wearing a seat belt. However, if they pull you over for something else, expect the seat belt charge to be added to the ticket.

Bottom line: If you live in a "primary offense" state, and are pulled over for that offense, your chances are not good at trial. The "under-the-arm seatbelt defense" is probably not worth your time and effort.

If you live in a "secondary offense" state, however, AND you were pulled over merely for not wearing a seatbelt, then you have a much better chance of avoiding the adjudication of the ticket. But, in that case, you would need to question the officer's need to stop the vehicle in the first place.

Good luck. This is not legal advice. I am obviously not your lawer.

BobbyK

Yes. if there is any way to show that you have an issue either medical or mentally with wearing it near your neck. You have to ask yourself two questions: Did you tell the officer you were wearing it under your shoulder, and were you doing anything else that he did not cite you for? If the answer to the last question is yes, do not fight it because they can and will use that in court and a judge is not likely to side with you. Best bet is: if you are close with your doctor or any doctor, chiropractor, therapist, etc. go to them and have them write you a letter saying that there is a legit reason you wear your seatbelt under your arm........good luck...

postman7462003

Unless city ordinance specifically states that you must wear it a certain way you can win.

Major James

Hi. I am a Ohio State HIghway Patrolmen, SGT. Finley James. Under law, you cannot wear your seatbelt underarm. You can fight it, 99.99 percent of the time you do not win.

SGT. Finley James

floridavet

Dude...its just a seat belt violation...get over it! (and start wearing it properly!!)

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