Seat belt tickets are a common traffic ticket that CA Traffic Ticket lawyers fight and beat on a regularly basis. Seat belt tickets cost $148 and can include other ticket-able offenses up to be $200-$300 each.
A seat belt ticket is considered a primary driving offense, which means you can be pulled over solely for not wearing a seat belt. These offenses can then be the foundation for other ticket able offenses.
Seat belt tickets are moving violations, and as such are infractions that go onto your driving record with the DMV, which in turn is reported to your insurance. However, many seat belt tickets are issued either incorrectly or unfairly, and our skilled attorneys can detect these mistakes and counter with solid legal arguments.
Passenger Seat Belt Tickets
In California, the driver is responsible for passengers that don’t wear their seat belts. The driver will be fined is $102. The law requires everyone riding in the front and back seats of a motor vehicle to be properly restrained by seat belts.
How We Beat Seat Belt Ticket
Our traffic ticket attorneys have a number of different successful defense strategies depending on your particular situation.
The officer that gave the citation has relied solely on his/her personal (subjective) visual judgment, usually from within their patrol vehicle a good distance away, and proving your guilt can be more challenging than most people think.
In this sense, the law is on your side since you have the Constitutional right that: 1) an accused is innocent until proven guilty in a court of law, and 2) the government has the burden of proving that an accused has committed the crime charged beyond a reasonable doubt.
Thus it is important to remember, that in all of this, the burden of proof is NOT on us to necessarily prove that you are innocent, but rather for the officer to prove beyond a reasonable doubt that you are guilty of every element of the alleged violation. Again, we don’t necessarily need to prove that you are innocent, but rather to create enough reasonable doubt that you violated that specific vehicle code. If we can find one weak link in the chain, the whole case against you will fall apart due to insufficient evidence.
If the officer is unable to prove every element of the alleged violation with sufficient evidence, the case will likely be dismissed. If the officer fails to submit his/her declaration or do so on time, this too is grounds for a full dismissal. Thus there are many ways we can beat cell phone and texting tickets.
After your seat belt ticket is dismissed, keep in mind that it’s always a good idea to buckle up in the future.
Child Restraint Tickets
We also handle all child restraint tickets, which do carry one point on your DMV record and have large fines that start at $436 and can double with a second offense. Again, tickets issued for these alleged violations are highly subjective and often based on inaccurate understanding of the law by many officers. We fight these tickets and we beat them!
California Traffic Tickets has an 80% Success Rate at Winning our cases!