smokin5s Posted May 24, 2014 Author Report Share Posted May 24, 2014 No speed, it was literally exited off the freeway then go over and stopped in a turn lane, cop did u turn and pulled her over after turn... if you have ever been at the 71 south exit onto Gemini and go to turn on Lyra, you would know there is no time to speed cause u gotta stop Quote Link to comment Share on other sites More sharing options...
HotCarl Posted May 26, 2014 Report Share Posted May 26, 2014 Probably stopped her for speed. Many departments have vehicles with LPRs (license plate readers) on them. Automatically runs every plate through the computer that passes it, opposite direction or not. As far as the CCW being a "target", no.. Just no. I love seeing people with Ccws. They're always polite and I appreciate the fact that they go through the effort to legally conceal a firearm. I will never bother a CCW holder unless I absolutely have to and every other LEO I know is the same way. I have only been pulled over once since I got my CCW. That was a few years back in my eclipse, and it was a sheriff's deputy in Marysville. He was courteous but asked why it took me so long to pull over. I explained it looked like loose gravel on the side of the road and being a lowered car i wanted to ease onto it (which was true). I told him about my ccw and that my firearm was locked in my glove box and he didnt give a shit. Then he said he was going to walk his dog around the car... hahaha, ok. he went back, ran my information. Then got an urgent call for assistance so let me go and he was off. All that being said, Josh i would fight that ticket. If she had her belt on maybe the officer didnt see it under her arm or something ridiculous. Don't just blindly throw money at it. Quote Link to comment Share on other sites More sharing options...
smokin5s Posted May 26, 2014 Author Report Share Posted May 26, 2014 I'm thinking that we are going to try to fight it, but the cop did see it on, that's why he wrote an improper seat belt ticket instead of just seat belt... what I want to know is it's her first offense and it's over 100 bucks, when looking online, I thought it was supposed to be like 30 bucks? Quote Link to comment Share on other sites More sharing options...
BBQdDude Posted May 27, 2014 Report Share Posted May 27, 2014 Sorry, this post makes no sense. She was pulled over for a primary offense but you say she wasn't. SB and CCW are not a primary offense. Quote Link to comment Share on other sites More sharing options...
smokin5s Posted May 27, 2014 Author Report Share Posted May 27, 2014 this is what she was pulled over for... she got off 71 onto Gemini, turned into the left turn lane, cop did a u-turn, pulled her over, yelled at her about my CCW, then wrote a seatbelt ticket... wife cries, she gets a ticket for 125 dollars for a failure to wear seat belt properly, cop is on his merry way now knowing that he's made the city a bit safer fining an unemployed woman in a grocery getter for wearing her seatbelt but not the way that he finds suitable.... Quote Link to comment Share on other sites More sharing options...
greg1647545532 Posted May 27, 2014 Report Share Posted May 27, 2014 I mean, what you describe sounds pretty horrible. Seatbelt violations are not a primary offense, cops shouldn't be yelling at anyone over a CCW permit, and your wife crying all night sounds like this must have been a pretty traumatic traffic stop. If all that's true, you need to file a complaint because that cop needs to be disciplined. That's just not acceptable. Or we're not getting the whole story. eta: Actually, does anyone know the law in Delaware county? Local governments reserve the right to make seatbelt violations a primary offense... Quote Link to comment Share on other sites More sharing options...
smokin5s Posted May 27, 2014 Author Report Share Posted May 27, 2014 you are getting the whole story as far as I know and it was confirmed with my oldest who was in the car with her... with that being said, the cop didn't pull his firearm on her or anything that tramatic... and my wife cries over everything, so I don't think it's a traumatic issue, I just think that the cop was a complete dick and who writes a ticket (and for that much) because someone has a seat belt under her arm instead of over her shoulder.... that just seems ridiculous, especially when I'm reading first time seat belt offenses for not even wearing one is 30 bucks.... Quote Link to comment Share on other sites More sharing options...
Mojoe Posted May 27, 2014 Report Share Posted May 27, 2014 Maybe it's common practice with most LE. However, given the crackdown on seat belt violations commercials that are running right now, it's still a law they enforce. Calling a secondary, just allows room to argue it. The mistreatment being claimed aside, the situations sucks. But, if she wasn't wearing her belt, it's a law for a reason. You have to understand, there is no way the Officer could know she was using it just as a lap belt. I would look up the laws for lap belts and see if there was a manufactures restriction/law that was passed, mandating shoulder restraint belts in cars. If there isn't anything out there; how is the way she wears it any different from some old car on the road? And, is the practice to pull the old cars over and ticket them too? If this is fought or you take any action to defend it, I'm sure we would all benefit from hearing the out come. Quote Link to comment Share on other sites More sharing options...
greg1647545532 Posted May 27, 2014 Report Share Posted May 27, 2014 My wife puts her feet up on the dash when she's in the passenger seat, I wish someone would give her a $130 ticket for that shit because she sure doesn't listen to me when I tell her that the airbag is going to shove her feet into her forehead and break her in half. eta: I'd like to see you fight it just to see what the primary offense supposedly was, but spending $500 on a lawyer to fight a $130 ticket on principle never makes sense. Quote Link to comment Share on other sites More sharing options...
smokin5s Posted May 27, 2014 Author Report Share Posted May 27, 2014 I don't think she was mistreated, I'm just providing all the info that I know... how she wears her seat belt is the part that I have issues with not to mention it costing more than a normal seat belt offense Quote Link to comment Share on other sites More sharing options...
airwg2189 Posted May 27, 2014 Report Share Posted May 27, 2014 not to mention it costing more than a normal seat belt offense Wait, what? Not wearing a seatbelt is a lesser fine than wearing one slightly "wrong"? The fuck is wrong with this state? Quote Link to comment Share on other sites More sharing options...
smokin5s Posted May 27, 2014 Author Report Share Posted May 27, 2014 What I'm reading online is first time offense is 30 dollars, she has been fined 125 Quote Link to comment Share on other sites More sharing options...
Rustlestiltskin Posted May 27, 2014 Report Share Posted May 27, 2014 she was crying the entire time and all night.... I kind of doubt that she was being rude What I'm reading online is first time offense is 30 dollars, she has been fined 125 http://i57.tinypic.com/2s76qol.gif Quote Link to comment Share on other sites More sharing options...
greg1647545532 Posted May 27, 2014 Report Share Posted May 27, 2014 What jurisdiction? I'm seeing $30 for OSHP. Quote Link to comment Share on other sites More sharing options...
Stretch Posted May 27, 2014 Report Share Posted May 27, 2014 I think some information is missing here. Are you able to take a picture of the ticket and post it? What's the exact offense she was cited with? O.R.C or ordinance number would be great. You can be stopped for a seatbelt in most jurisdictions. However, it's not a moving violation so it doesn't add any points to your license. Quote Link to comment Share on other sites More sharing options...
smokin5s Posted May 27, 2014 Author Report Share Posted May 27, 2014 I will take a picture tonight... I'm glad it's not a moving violation but 125 dollar ticket is alot when we are on a limited income Quote Link to comment Share on other sites More sharing options...
Green Bastard Posted May 27, 2014 Report Share Posted May 27, 2014 Maybe it's common practice with most LE. However, given the crackdown on seat belt violations commercials that are running right now, it's still a law they enforce. Calling a secondary, just allows room to argue it. The mistreatment being claimed aside, the situations sucks. But, if she wasn't wearing her belt, it's a law for a reason. You have to understand, there is no way the Officer could know she was using it just as a lap belt. I would look up the laws for lap belts and see if there was a manufactures restriction/law that was passed, mandating shoulder restraint belts in cars. If there isn't anything out there; how is the way she wears it any different from some old car on the road? And, is the practice to pull the old cars over and ticket them too? If this is fought or you take any action to defend it, I'm sure we would all benefit from hearing the out come. Iirc, if the car was manufactured without seatbelts (read before they were mandated), then you are not required to wear them in such a car. I wouldn't imagine you would be pulled over in a classic car that meets criteria if the officer knows anything about cars, and if you are pulled over for it, I'm sure after some checking into it you would drive away without a ticket (for a seatbelt anyways). Back on topic though, I thought some time ago that they had passed a law that you could be pulled over for just a seat belt offense, that's why I never fought it when I got pulled over a few years ago when my wife wasn't wearing her seatbelt (front seat passenger), and the officer told us that's the whole reason we were pulled over. I just paid the ticket anyways because she was in the wrong. Quote Link to comment Share on other sites More sharing options...
Nickey4271647545519 Posted May 27, 2014 Report Share Posted May 27, 2014 Ryan is correct. 1967 model year and back you are not required to wear a seat belt as it was an option and not required. Quote Link to comment Share on other sites More sharing options...
Sully Posted May 27, 2014 Report Share Posted May 27, 2014 Back on topic though, I thought some time ago that they had passed a law that you could be pulled over for just a seat belt offense I thought the same thing. Quote Link to comment Share on other sites More sharing options...
SHIEF Posted May 27, 2014 Report Share Posted May 27, 2014 I thought the same thing. I believe it is, as I have been pulled over a couple times for it. I admitted I didn't have it on and paid the ticket. Quote Link to comment Share on other sites More sharing options...
acklac7 Posted May 30, 2014 Report Share Posted May 30, 2014 (edited) but spending $500 on a lawyer to fight a $130 ticket on principle never makes sense. For something as petty as this you honestly don't need a lawyer. I've beaten much worse by simply going in and explaining my situation to the Prosecutor. It's going to be a bit of a pain in the ass (you'll have to show up for preliminary hearings first, then get assigned a court date). However once you show up to the court date ask to speak with the prosecutor when you check in. Well, backup a second, before you even ask to speak with the prosecutor ask your wife if she sees the cop in the courtroom (he should be standing with a bunch of other cops). If he's not there take note. Then check in and briefly explain your case to the Prosecutor, and in conclusion ask le prosecutor "is he (cop) even going to show up?" (as if you can't believe copper even wrote the ticket to begin with). Follow that up with something along the lines of "Am I allowed to request a dismissal if he doesn't show?" (You can and will get a dismissal if he doesn't show) I've done this twice, and have either gotten the charges dismissed or plea-bargained for a substantially lesser charge (and tbh in both instances I had a very weak case, although my delivery was solid). People do this by themselves all the time. Dress nice and be polite and you will usually come out ahead. Edited May 30, 2014 by acklac7 Quote Link to comment Share on other sites More sharing options...
HotCarl Posted May 30, 2014 Report Share Posted May 30, 2014 Follow that up with something along the lines of "Am I allowed to request a dismissal if he doesn't show?" (You can and will get a dismissal if he doesn't show) THIS. When i fought my last ticket i should have asked for a dismissal but didn't. Without the officer present the prosecutor doesn't have a strong case. I ended up before a judge who still took the side of the officer but walked away with only court fee's. Court fee's for me were around $50 so you will probably pay something if you don't get it dismissed. Quote Link to comment Share on other sites More sharing options...
acklac7 Posted May 30, 2014 Report Share Posted May 30, 2014 THIS. When i fought my last ticket i should have asked for a dismissal but didn't. Without the officer present the prosecutor doesn't have a strong case. I ended up before a judge who still took the side of the officer but walked away with only court fee's. Court fee's for me were around $50 so you will probably pay something if you don't get it dismissed. I was under the impression the Prosecutor has NO case if the officer isnt present to testify against you? (Your word vs his and if he isnt there....) If they refuse to dismiss it just wait a few min and go before the judge. Tell him some BS story (or in this case tell him the truth) maintain your innocence, and state that you would like to cross examine any witnesses against you. Quote Link to comment Share on other sites More sharing options...
acklac7 Posted May 30, 2014 Report Share Posted May 30, 2014 THIS. When i fought my last ticket i should have asked for a dismissal but didn't. Without the officer present the prosecutor doesn't have a strong case. I ended up before a judge who still took the side of the officer but walked away with only court fee's. Court fee's for me were around $50 so you will probably pay something if you don't get it dismissed. And details of case? Are you saying you plead not guilty, went infront of a judge, then had him side with a Cop who didnt even show up to court? Quote Link to comment Share on other sites More sharing options...
Orion Posted May 30, 2014 Report Share Posted May 30, 2014 My wife puts her feet up on the dash when she's in the passenger seat, I wish someone would give her a $130 ticket for that shit because she sure doesn't listen to me when I tell her that the airbag is going to shove her feet into her forehead and break her in half. This deserved a repost. Cracked me up. Quote Link to comment Share on other sites More sharing options...
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