Having problems with the law is not fun, especially when you have to pay for expensive seat belt tickets. Seat belt tickets can even require you to appear in front of a judge in traffic court. But the good news is that you can get those tickets dismissed.
To get that seat belt ticket dismissed, you need valid reasons for not wearing a seat belt while driving. Your reason could be you had a faulty seat belt clip. Yes, the law allows you to drive without a seat belt in that situation. But you have to get it fixed as soon as possible.
So you see, there are loopholes around the seat belt laws. In this article, we have put together a few ways to fight your seat belt tickets. Continue reading to learn how to get yourself out of this situation.
How To Get A Seat Belt Ticket Dismissed
The proof of faulty seat belt chip will allow you legally walk away from your seat belt tickets, assuming you did not disable the seat belt alarm. However, getting a seat belt tickets isn’t a joke; you need to be sure of the favorable loopholes. Here are different ways to get your seat belt tickets dismissed.
Faulty Seat Belt
If your seat belt is faulty, the law gives room to fix it. Get the seat belt fixed and present a repair receipt at your court appearance. You can get the seat belt ticket dismissed this way.
So you think “what if I spoil my seat belt and get it repaired to get a repair receipt.” Well, that isn’t cost-effective because the cost of repairs surpasses the ticket cost. Just pay off your ticket instead.
Fine And Trial
You should not pay the fine when you first receive the ticket mail. It can buy you some time. Then you show up in traffic court on your court date and plead not guilty.
If the cop isn’t in court that day, you can beat that case easily. Request for a bench trial. The case would be thrown out due to the absence of a prosecutor.
This hypothetical situation only works if the cop doesn’t show. If otherwise, and the cop comes to court, get your story together and prepare to convince the judge. Good luck!!
Witness
A court appearance is primarily about being able to argue and prove your case. A witness is an added advantage as they are proof of evidence.
You should know that you are assumed guilty until proven innocent. Prepare with your witness to prove your innocence. Preferably, your witness shouldn’t be suspected by the court as biased.
In some states, the fine is not so hefty. For your safety, use your seat belt always and learn from your mistake. The law on seat belts usuage is there to look out for you; please utilize it.
How To Get A Seat Belt Ticket Dismissed Without A Lawyer
In a situation where you do not hire a traffic lawyer, you can argue your case yourself. The judge or DA will allow you to defend your case in most trials. Let us help you prepare with the necessary details.
Step1- Analyse The Situation
You need to review your ticket in detail. Furthermore, have a valid reason for fighting the ticket and be determined to do the work it may require.
Review your ticket
Officially there are two situations where you are allowed to plead guilty. Although there are three options written at the back of a traffic ticket, only two give room for that. The third choice allows the possibility of a trial.
Let’s discuss these choices so you can make a decision.
The guilty plea gives you a choice to sort your ticket payments without court proceedings. You can make payments via online channels, mail, cards, and telephones. Pick the right channels that suit your needs.
Guilty plea with a reason- it gives you the choice of getting an exemption from work to appear in court. You are allowed to explain why you don’t want to pay for the tickets. Afterward, the court clerk issues you a payment slip, which costs almost as much as the first option.
If you know you have decided to plead guilty, the first option is more productive. It is because whether you explain or not, you still pay the fine. The fine is mostly fixed prices, so it cannot be altered or changed to suit you.
The guild plea with reason gives the illusion that you can beat the seat belt ticket. It’s not usually the case.
Trials– the trial is that icing of the cake that you look forward to eating. To beat the ticket, you want to pick this option. The first two choices take you to court already; why not go to trial.
Do you know you can request to go to trial without pleading guilty? Trial and payment enquiries are done at the same location. Just ask for a trial.
Ignore The Ticket
That’s right, do nothing. Sounds unconventional, but it works. Seat belt tickets are full of errors ranging from incorrect names to the wrong time.
The errors are corrected in court if you show up. Ignore it and give the prosecution and judge time to determine if the tickets should be dismissed.
Miss Your Trial Date
Agree to go to trial but do not show up in court on the trial date. A trial will take a while to reschedule; this is more planning time for you. In the meantime, you may see all evidence against you.
Request Trial And Pay The Fine
As we earlier mentioned, requesting a trial gives you time. Request a trial, get enough time to decide what to do before paying the fine. Please note that your payment should be done at most a week before your supposed trial date.
The essence of doing this is so the paperwork would reflect that payments have been made. Once the prosecutor is notified, your case is dismissed. If you don’t do this, you can be charged twice and have to go to court.
We know this is a lot of information to process at a time, so take as much time to read through properly.
Step 2- The Trial
Since we have agreed that requesting a trial is your best bet, we should consider some other details.
- Locate the correct office for requesting trials
- Complete the trial form
- Get a trial date
- Appearance
The ticket comes with office information for the trial request, but some may be incorrect. Confirm the office hours and location. Also, check if you can mail your request.
Some municipal tickets permit you to tick to pick an option, sign, and mail the ticket. Please make a copy of the signed ticket before sending it. Nevertheless, other offices would require a physical presence request.
Visit the office fill in the paperwork with the correct details. Wait for a court date and come prepared with proof of your innocence. Fighting a seat belt ticket can be so much work, but the justice system can dismiss it.
Conclusion
We have discussed different ways to fight a seat belt ticket. But wearing your seat belt is necessary for your safety. You can dismiss the case by pleading guilty. Requesting a trial seems like your best option in beating a seat belt ticket. If you are caught without a car seat that would be harder to dismiss.
