Click It and Ticket?
Have you heard of Click It or Ticket? Now there’s Click It and Ticket. I found this out today when I got a ticket for not wearing my seatbelt WHILE I HAD IT ON! That’s right you can even get a ticket for not wearing a seatbelt when you have it on.
A wise man once said, “Don’t mess with a guy with lots of time that knows how to use a computer.” Maybe I just made that up, but it’s true, I don’t intend to just roll over and pay the fine. I have a computer and lots of time (on account of the stay-at-home dad thing and the insomnia.)
Of course there is more to this story…
I was coming back from taking my friend Lummpy home. I glanced in the rear view mirror and there they were, them damn red and blue blinky lights. I did a quick run down in my head to see if I could figure out why I was being pulled over.
- Not speeding — √ check
- Tags current — √ check
- Turn signals — √ check
- Brake lights working — √ check
When the officer walked up to my window and asked, “Do you know why I pulled you over?” I said, “No.”
“I pulled you over because you are not wearing your seat belt.”
That’s not a seat belt I’m wearing?
I looked down at the lap belt I was wearing, looked back up at the officer, and said, “Yeah I am.” He pointed to the bolt where the shoulder strap used to be and just gave me a look. I guess he wanted me to say, damn you got me, but I was wearing my lap belt and there is a really good reason why the shoulder strap had been unbolted.
The old Ford Tempo that I drive used to be my mother’s car. She bought a new car and asked if I wanted her old car. My other car’s air conditioning does not work, but the Tempo’s air conditioning works just fine so I usually drive the Tempo. My mother is a big woman and the automatic shoulder straps in the Tempo just were not made for bigger people. My dad had the shoulder strap taken off so my mother can drive the car.
I have not reinstalled the shoulder strap for two reasons:
- My mom might still need to drive the car every once in a while
- and for anyone that has every owned a Ford with automatic shoulder strap seat belts you might know that they stop working all the time. It’s kind of hard to get in and out of the shoulder strap when it will not move.
So I’ll be going to court to fight this. Yes I know it is just a small ticket and I know many people would just pay the fine and go on. I like having my day in court. I also refuse to just pay a fine I don’t deserve. Cross your fingers, I’ll keep you informed on what happens.
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witch
The vehicle code is a cash cow the court milks for all it is worth!
The ticket you received should have a statute number on it.
Find that statute and read it very carefully and explicitly!
Then remember the three words the court hates to hear “trial by jury”
And remember since it is a traffic offence you may be required to pay a fine before trial, this is one of their fail safes, you will also want to know if the statutes permit police to stop motorists solely for a seat belt violation, some do not and only permit you to be ticketed if you are stopped for some other infraction.
Watch your local police (get Photos of them not wearing belts) same with public transportation cab/bus drivers etc.
And always remember if you do this it will likely be a long hard slog!
TRUE STORY:
Several years back my daughter was ticketed for no seat belt (15 yrs old)
Our laws are pretty specific that in the case of a minor the ticket goes to the driver, I objected to the ticket on those grounds reading it directly from the statute, and the court claimed that I could not speak in court on my daughters behalf because I am not a lawyer and the ticket was not mine!
I asked if the court thought a minor who had no rights under the law, cannot enter into a contract etc should be arguing an issue before the court.
They said she should hire a lawyer to speak for her (I wanted to get the judge on record saying she had no rights).
Again your honor a minor cannot enter into a contract, and the court wants her to enter into a contract with a lawyer (an officer of the court) “sounds like legalized blackmail”
The court said I had to hire her lawyer “I am responsible”, again your honor it is not my ticket you just said so, if I am responsible why can I not speak before the court?
(Court went to recess and we were taken too chambers) Where the judge explained again that I was not a lawyer and therefore could not speak on my daughters behalf! I read the statute again where it said (a ticket SHALL be issued to the driver) and asked the judge if that was correct or not? That the ticket should have been issued to the driver?
Yes it was!
Then the ticket was issued improperly and I am not going to hire an attorney to straighten out a mistake made by the state! If my daughter must represent herself then she wants a jury trial!
The judge began explaining how complicated and expensive a jury trial was etc.
I asked specifically if the court was saying she was not entitled to a trial by jury.
No! Says the judge but it is complicated and expensive!
I responded that hiring an attorney to represent her to straighten out a mistake made by the state is also complicated and expensive, that my daughter wanted a jury trial!
The States attorney laughed!
I ask the States attorney if he thought it was funny. And reminded him that I had contacted his office the day after the ticket was issued; and informed them that we would be protesting it and on what grounds. I then asked him if he was in the habit of bringing
Offences before the court which were issued in error, which the judge had just substantiated as being correct? (He did not answer).
The Judge set us for the next jury docket in 3 months and we left. The next day I received a call from the states attorney personally advising me that they were dismissing the ticket.
Justice served!
July 1st, 2007 at 8:58 amWild Bill
Great story Witch, they are going to get the same hard assed defiance from me. I will not pay for this bull crap ticket, I had already planned to enter a plea of not guilty and demand a jury trial (if they will not drop the ticket.) Hiring a lawyer is about as smart as hiring someone to kick you in the nuts, steal all your money, and push you down a flight of stairs.
July 1st, 2007 at 5:03 pmwitch
There is some crazy stuff out there in law law land
July 2nd, 2007 at 1:57 am