-
- Newbie
- Posts: 2
- Joined: Wed Oct 15, 2014 6:32 pm
Passenger Failing To Wear A Seat Belt
Hey All,
Driver was pulled over for going 38 over (on a highway). After the officer spoke with the driver; noticed I was sitting in the backseat and asked for my ID. Returned with a 38 over ticket for the driver and a failure to wear a seat belt for me.
I have requested disclosure and officer notes indicate that upon approaching/walking up to the vehicle he had a clear unobstructed view of the seatbelt, in a relaxed position.
My defense in court is that, with the time of stoppage (5:15am) [sun hadn't risen], the tint of the windows and the proven speed of the vehicle it is unreasonable that the officer could have seen if the seatbelt was off while the vehicle was in motion. Once stopped, I removed my seatbelt to gain access to a backpack holding all ID's- as there is no time indicated of when the officer approached the vehicle this could have been 5 minutes or 30.
Is there anything else I should add to this, what to expect with such a defense.
Any tips at all. This is my first 'offense' and first time in court so any help is greatly appreciated.