state patrol has nothing better to do?

zoahthegreat

New member
Fight your ticket. Go in prepared. A picture is worth a thousand words.

Allow the state to present it's case. Make sure to have the officer describe the outfit you were wearing that day and the distance at which he identified you were not wearing your seatbelt.

Then during your defense enter into evidence pictures of you wearing the outfit and jacket from that day. Make sure to include varying distances to show the officer would be unable to distinguish your outfit from your seatbelt.

Like many people have said, if you don't fight it they will continue to prey on private citizens.
 

xcr440

Well-known member
I have changed my tune on this reading all the responses.

Be sure to point out that you could have easily just paid the lousy $10 fine, but decided because you were in fact, without question based on the evidence noted above that you will be bringing with you, wearing your seatbelt, and that you always do. I bet it wouldn't hurt to bring in a character witness to the fact that you ALWAYS wear your seatbelt.

I would find it quite irritating to have gotten a ticket for this, since I always wear my belt as well.
 
I seen on the ticket that I can send in a not guilty plea ans then it goes in front of a judege. I think thats what Ill do. I wonder if they are stupid enough to send it through. Smart money would be to drop it. We'll see what happens. I am going to fight it.
Believe me, if you plead Not Guilty through the mail-or in person- you will be given a date for a Pre-Trial Conference with the District Attorney. Then, will come the hearing, where the Officer involved will be subpoenaed to appear. He will be on OT most likely drawing time and a half to be there. I've read the commentary so far, and some are complaining about the cost, and the "fact" that they should be catching criminals. Money is what it's all about, etc. Well, if you take the day off, go to speak to the DA and tell him/her what you said here, when they could possibly be in a Pre-trial conference with a real criminal matter instead of your piddly seat belt ticket, how much is THAT going to cost of your tax dollars? Then, if you go to trial etc you WILL end up losing, simply because if an Officer sits on the stand and tells the court that you were not wearing your seat belt and you say you were, who do you think the judge will believe? The Officer gets nothing out of being dishonest about it. He has nothing to lose, while you have $10 to lose. PLUS, if you go to court and do lose, you will owe Court costs, which will be somewhere around $150. So, you decide what you want to do about a $10 seatbelt ticket. If you were wearing it, and you got a ticket for not wearing it, look at it as having gotten away with not wearing it some other time. At least you aren't cited for speeding 20 over. Now, that is costly. Not that I would know from having been cited.
 

anonomoose

New member
Believe me, if you plead Not Guilty through the mail-or in person- you will be given a date for a Pre-Trial Conference with the District Attorney. Then, will come the hearing, where the Officer involved will be subpoenaed to appear. He will be on OT most likely drawing time and a half to be there. I've read the commentary so far, and some are complaining about the cost, and the "fact" that they should be catching criminals. Money is what it's all about, etc. Well, if you take the day off, go to speak to the DA and tell him/her what you said here, when they could possibly be in a Pre-trial conference with a real criminal matter instead of your piddly seat belt ticket, how much is THAT going to cost of your tax dollars? Then, if you go to trial etc you WILL end up losing, simply because if an Officer sits on the stand and tells the court that you were not wearing your seat belt and you say you were, who do you think the judge will believe? The Officer gets nothing out of being dishonest about it. He has nothing to lose, while you have $10 to lose. PLUS, if you go to court and do lose, you will owe Court costs, which will be somewhere around $150. So, you decide what you want to do about a $10 seatbelt ticket. If you were wearing it, and you got a ticket for not wearing it, look at it as having gotten away with not wearing it some other time. At least you aren't cited for speeding 20 over. Now, that is costly. Not that I would know from having been cited.

It's always easier to pay the bully on the playground your lunch money too. But doing so only invites more that behavior to continue.

If enough folks take the time off to fight this likely from a single officer, eventually the judge will get a picture and this guy will get some desk time or other chore that he won't like.

Do as the other suggest and give a good defense, so at the hearing you will establish credible defense. Just by showing up sends a message to the judge that you could have just paid the $10 bucks and dispose of this matter but you didn't do that...and perhaps he will find in your favor. If enough folks do it rather than measure by how much is would cost you like some suggest, you will start the end to any abuse that may have been committed.

Sometimes principles are all we have to stand on.
 

ezra

Well-known member
and it is not true that the cops word is gold.
I watched my lawyer tear up a cops testimony on a radar gun testimonial.
I could have payed the state or a lawyer I payed the lawyer 4x the cost of the ticket why because I could F em
and don't forget a no seat belt is on your record any cop pulling in behind you then running your plate now can see you have a no seatbelt tix and now pull you over just because there is a chance you will just pay it again.
now you have 2 explain that to you insurance man when you full coverage for your car truck boat and sleds all goes up.
 

xcr440

Well-known member
If enough folks take the time off to fight this likely from a single officer, eventually the judge will get a picture and this guy will get some desk time or other chore that he won't like.

MANY years ago I got a ticket that I went to court for, explained my side of the story, and the judge threw it out, right after he looked at the officers name on the ticket. This is totally true.
 

chadlyt

Member
If you are not guilty, sign the ticket not guilty and show up for court. then you wont ever second guess it. Be prepared.

I got a speeding ticket one time (yes, totally guilty) and unbuckled my belt with the officer at my window to grab my paperwork from the glovebox. After two minutes of looking at my paperwork, he said he was also going to give me a ticket for not wearing a seatbelt. (i think it was $70 at the time). I had to plead my case right there and the officer only gave me a ticket for speeding. really, they do not pay much attention and the seatbelt was and after thought by him.
 

2shoe

New member
Another good reason not to drive in the left lane. I am from Kentucky and we always talk about Ohio, Mich, drivers staying in the left lane while not passing another car. I have talked to the police and you are a sitting target in the left lane. Is it in your drivers manual that tell you all to stay in the left lane to get a drivers licence? We also seem to think that it might be lazy drivers who do not want to take the effort to change lanes. They will back up traffice for sometimes a mile. I still love to pull my 4 sledes up to Mich. and Wi. and spend my money with you. Let it snow and please stay out for the left lane, thanks. Merry Christmas to all.
 

arctiva

Member
If you have the option i'd ask for a jury trial.
99.9% the time the judge will side with the officer regardless of what you show or say.
 

dcsnomo

Moderator
I would start my case in front of the judge by putting $10 on the bench and telling him "It's not about the money, it's about what's right and what's wrong."
 

john w

New member
I would start my case in front of the judge by putting $10 on the bench and telling him "It's not about the money, it's about what's right and what's wrong."

That won't work, he will have you arrested for bribery. I like the idea though. Remember this is Wisconsin, the cops,DNR,prosecuting attorneys are lieing crooks in this state, all thay want is your money !!! And if you are a FIB your really screwed !!! been there, done that !! Have paid plenty of fines !!! Now i go to Michigan, never had a problem !!!
 

polarisrider1

New member
That won't work, he will have you arrested for bribery. I like the idea though. Remember this is Wisconsin, the cops,DNR,prosecuting attorneys are lieing crooks in this state, all thay want is your money !!! And if you are a FIB your really screwed !!! been there, done that !! Have paid plenty of fines !!! Now i go to Michigan, never had a problem !!!
Makes our trail permit even more affordable ;)
 
L

lenny

Guest
I'd point out to the judge that from time to time police make mistakes and this is simply one of those instances that a mistake was made. Point out that it's not worth fighting 10 bucks but the mistake was made and the principle remains worth fighting for. Point out that you are maintaining your position from the time the ticket was issued and you remember the details specifically.

I had a similar situation about 5 years ago in Illinois. I was pulled over for no seat belts and was wearing them. He asked me why I wasn't wearing it and I said I was. He said I wasn't and I firmly told him he was indeed wrong and told him with authority. He continued to press and I did not back down. He became frustrated and called me a liar. I laughed and told him he needs to keep a better eye open, he said alright and walked away.

Unlikely the judge will favor for you but so what. Do you best and stand your ground on principle. The bad thing is they don't have time to discuss much. Your in line with all the other yokes like a herd of cattle. You'll have to get his attention if possible to even look you in the eyes as he'll be staring at all loads of paper work he has. You'll have like 10 seconds to make a case so chose your words wisely. Be respectful but blunt, don't get upset or frustrated, just stand firm and hope the judge is having a good day if that is even possible.
 

lazer103

Member
you will never win a seat belt ticket or speeding ticket based on principle or simply saying i was wearing it. you have to win on some type of legal technicality. so heres
what you do...... the cop must show up if you are fighting it. tell the judge the cop never explained to you the class of vehicle you were operating and what the law is for
your class of vehicle. the cop never told you what law you broke. the judge will ask the cop and i assume the cop did not say that or tell you that. the cop will say he
never explained any of that to you. then your response is since you were never told your right to due process was violated. you win !!!
 
L

lenny

Guest
Everybody knows they have to wear seat belts. Your gonna end having to pay the ticket most likely. Your conscience will be clear knowing you did as best as you could. regardless you win because you know the truth. Lazer103 is right, principle will not win you the case but exercising you right driven by right and wrong. My buddy is a cop and laser is right, you will probably only win on a technicality. My buddy says he has to cover himself on all bases. In fact, I'll call him now and see if he has any advise to offer. Since he is 400 miles away he may be will to offer up a strong position because he has experienced it all.
 

jeff

New member
I asked him if he had a camera for proof and his reply was "no,I dont need one , I know what I saw." I told him he was mistaken and he didnt give a crap. You know how it is they think they are the judge jury and execution.
 

Firecatguy

New member
nits not about the 10bux...My dad is retired police officer and here was his advice growing up......if you get it{speed,seat belt etc} then the next time your pulled over you WILL get it again....once its on your record the next officer will see that and belive you have it coming again.......if your innocent then fight it......most judges will dismiss or continue it.....
 
Top