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Is it true that if you dispute a ticket...


RottenCanuck22

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... And the cop doesn't show up to court the ticket gets thrown out?

I'm disputing the cost of a ticket I got for not wearing a seat belt and although they say you don't need to go to the hearing date to dispute cost, I'm wondering if I should just go in hopes that the bike cop doesn't show up.

Anyone have any advice besides just "wear a seatbelt" ??

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Makes sense in a he said vs she said case when the accusing party doesn't show up their case goes down the crapper.

My advice is.. if you're not gonna wear a seat belt don't get caught.

I imagine with how long seat belt laws have been around people should be so used to putting them on it should be nearly as second nature as turning on/off the car.

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Not to those of us that feel squeemish and confined by them. And that grew up in the era without them. I wear them now because new cars pretty much demand it. As far as your question, yes it's true, I have won many cases that way. There also a number of other ways you may win but their likelyhood is remote without representation.

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I know this isnt what you want to hear but; You got caught, pay the bill, move forward with or without your seatbelt. I am assuming since you're old enough to drive, you're old enough to choose whether or not to wear one going forward.

I do hope however; that those who choose not to wear one, have their insurance declined for long term injury, should they get into an accident.

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... And the cop doesn't show up to court the ticket gets thrown out?

I'm disputing the cost of a ticket I got for not wearing a seat belt and although they say you don't need to go to the hearing date to dispute cost, I'm wondering if I should just go in hopes that the bike cop doesn't show up.

Anyone have any advice besides just "wear a seatbelt" ??

Even if the cop doesn't show up, he can simply hand in his report of the incident to the court and the judge will use that report on his/her behalf. Thing is, if the cop was lazy at the time of the ticket and never adequately wrote down what happened correctly, the fault is his for not following police procedure and the ticket will be disputed. However if the cop knew his stuff and wrote down a correct report following the procedures, there's pretty much nothing you can do and the judge will take the word of the policeman's report.

Cops usually don't come to ticket hearings so they just hand in their report to save them time. You just got to hope they messed up in the report for your ticket to be disputed otherwise you don't really have a chance. Majority of the time, the judge is fair and when he/she reads out the cops report, she'll point out if the officer made a mistake or not and if they did, the judge basically says the cops report wasn't completed under procedure and he is at fault and you get your ticket disputed.

I remember if you get a ticket for not wearing a seatbelt, in the officers report he has to write down a description of how the person looked like that he ticketed. If he forgets to do that in his report, usually the judge will point it out or you can yourself and you win the hearing. Hope this helped, cheers!

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... And the cop doesn't show up to court the ticket gets thrown out?

I'm disputing the cost of a ticket I got for not wearing a seat belt and although they say you don't need to go to the hearing date to dispute cost, I'm wondering if I should just go in hopes that the bike cop doesn't show up.

Anyone have any advice besides just "wear a seatbelt" ??

Cops get paid to show up now. So he'll probably be there.

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If it can potentially put points against your license just plead not guilty and when you go to talk to the prosecutor before it goes to trial then ask that it be reduced to parking tickets and then pay the fines if he/she agrees. At worst he/she will say no and you'll have lost nothing.

If you already have points against your license then the probability of a no goes up.

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Even if the cop doesn't show up, he can simply hand in his report of the incident to the court and the judge will use that report on his/her behalf. Thing is, if the cop was lazy at the time of the ticket and never adequately wrote down what happened correctly, the fault is his for not following police procedure and the ticket will be disputed. However if the cop knew his stuff and wrote down a correct report following the procedures, there's pretty much nothing you can do and the judge will take the word of the policeman's report.

Cops usually don't come to ticket hearings so they just hand in their report to save them time. You just got to hope they messed up in the report for your ticket to be disputed otherwise you don't really have a chance. Majority of the time, the judge is fair and when he/she reads out the cops report, she'll point out if the officer made a mistake or not and if they did, the judge basically says the cops report wasn't completed under procedure and he is at fault and you get your ticket disputed.

I remember if you get a ticket for not wearing a seatbelt, in the officers report he has to write down a description of how the person looked like that he ticketed. If he forgets to do that in his report, usually the judge will point it out or you can yourself and you win the hearing. Hope this helped, cheers!

In which country does your delusional take on this originate?

Fines as a result of tickets are the life blood of the system. If you are delusional enough that the judge actually looks for mistakes made by the ticketing officer so he can grant you clemency, I hope you need to take time off your high paying job to attend your court date so the judge can point you towards the right counter to pay the fine and in the end, you not only pay the fine but lose wages on top of it (assuming you have a job?).

The judge's own wages are subsidized by even the smallest of fines and surely they don't just toss everything out because officer Bob forgot to cross a T. There is no "report" handed in by the officer, unless by "report" you mean his copy of the ticket.

"...in the officers report he has to write down a description of how the person looked like that he ticketed..." That's priceless. In order for a ticket to be issued, the officer must obtain your information from a valid ID, that's it. No descriptions of the turtle neck you were wearing, no crayon drawings of your bad haircut.

If you go to court to dispute the seatbelt ticket, the only way you are likely to get out of it is to prove undue hardship, and based on the typical size of a "failure to wear a seatbelt" fine, I wouldn't suggest you show up in your authentic Nucks jersey. Pay the fine and move on.

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Not to those of us that feel squeemish and confined by them. And that grew up in the era without them. I wear them now because new cars pretty much demand it. As far as your question, yes it's true, I have won many cases that way. There also a number of other ways you may win but their likelyhood is remote without representation.

I grew up as a child without them, but I've been driving for 17 years now (in Canada, California, and I don't recall on Germany) and seatbelt laws have always been there during that time. I imagine one must be very old and very set in their ways for around two decades or more to pass and to still be refusing to put on a seatbelt. I doubt that's the case here.

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No, that's not true. The judge would most likely just find you guilty based on the cops statement without him even being there. It's not like its the court case of the century and you have Harvey Specter coming in to defend you. Similarly if they spell your name wrong that can't get you off either. Trust me .. I know <_< As someone was mentioning I didn't read through the whole thread but if it's only a seatbelt ticket ... PAY IT ... unless you really have a reason to fight it.

Save your fight for when you might actually need it, not fighting something you got caught doing and won't bankrupt you or ruin your life.

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I never understood the seatbelt ticket. You should have the right to take care of yourself as you wish. You should be in control of your own body. Why is that we are forced to wear seatbelts and it be a law? It has nothing to do with anybody else just your own life safety. There's no reason to get a ticket for it. It affects no one but yourself

Cops should have better things to do then harass people. It should be a persons right, in a rare few circumstances you could be worse off in an accident wearing a seatbelt. Why do they take our choice away from us?

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I never understood the seatbelt ticket. You should have the right to take care of yourself as you wish. You should be in control of your own body. Why is that we are forced to wear seatbelts and it be a law? It has nothing to do with anybody else just your own life safety. There's no reason to get a ticket for it. It affects no one but yourself

Cops should have better things to do then harass people. It should be a persons right, in a rare few circumstances you could be worse off in an accident wearing a seatbelt. Why do they take our choice away from us?

The biggest reasoning in the U.S. is if you are ejected from the car and have only the minimum insurance coverage and lousy or no health insurance then society has to pay for your hospitalization.

Even though Canada has universal health coverage, the same reasoning still applies.

Other than that, many people just think that the world should be rapped with bubble packaging.

It's a good idea to wear one. I personally believe it should be a law for the reasoning that I stated above in the beginning.

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I never understood the seatbelt ticket. You should have the right to take care of yourself as you wish. You should be in control of your own body. Why is that we are forced to wear seatbelts and it be a law? It has nothing to do with anybody else just your own life safety. There's no reason to get a ticket for it. It affects no one but yourself

Cops should have better things to do then harass people. It should be a persons right, in a rare few circumstances you could be worse off in an accident wearing a seatbelt. Why do they take our choice away from us?

As I can attest, because I had around 15 high school classmates of mine die between graduation and 5 years afterwards, from car accidents, a few of those deaths occurred because people weren't wearing seatbelts, and they killed someone else in the car as their body is now a weapon, which also puts people outside the car at risk too.

Now, motorcycle helmets laws would fit your premise, but not the car seatbelt laws.

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I never understood the seatbelt ticket. You should have the right to take care of yourself as you wish. You should be in control of your own body. Why is that we are forced to wear seatbelts and it be a law? It has nothing to do with anybody else just your own life safety. There's no reason to get a ticket for it. It affects no one but yourself

Cops should have better things to do then harass people. It should be a persons right, in a rare few circumstances you could be worse off in an accident wearing a seatbelt. Why do they take our choice away from us?

People who walk through life with this point of view bother me more than anything else.

We live in a society and have laws and rules put in place to look after our fellow man/woman. You may not give two sh*ts about anyone else, but a lot of people feel as though we have a social obigation to look after each other. Especially in this example.

If people are stupid enough to knowingly not wear a seatbelt and risk their own safety, then it is up to those that are capable of making those smart decisions to help people (ie: you) in making those easy, day to day decisions that take zero effort in following through on.

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I never understood the seatbelt ticket. You should have the right to take care of yourself as you wish. You should be in control of your own body. Why is that we are forced to wear seatbelts and it be a law? It has nothing to do with anybody else just your own life safety. There's no reason to get a ticket for it. It affects no one but yourself

Cops should have better things to do then harass people. It should be a persons right, in a rare few circumstances you could be worse off in an accident wearing a seatbelt. Why do they take our choice away from us?

No. If you choose to not wear a seat belt, crash, and spend 2 months in the hospital--we're paying for your dumb decision. People should stop being selfish wanks and wear your seat belt.

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Yes it is true. Keep in mind though that court is usually scheduled on their day shifts and chances are they will show up. If this happens you can still continue your dispute of the infraction, just less likely to win. If all you are doing is fighting the fine, then it doesn't matter. A cop will rarely object to that unless you have had a ton of the same tickets on your record.

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In which country does your delusional take on this originate?

Fines as a result of tickets are the life blood of the system. If you are delusional enough that the judge actually looks for mistakes made by the ticketing officer so he can grant you clemency, I hope you need to take time off your high paying job to attend your court date so the judge can point you towards the right counter to pay the fine and in the end, you not only pay the fine but lose wages on top of it (assuming you have a job?).

The judge's own wages are subsidized by even the smallest of fines and surely they don't just toss everything out because officer Bob forgot to cross a T. There is no "report" handed in by the officer, unless by "report" you mean his copy of the ticket.

"...in the officers report he has to write down a description of how the person looked like that he ticketed..." That's priceless. In order for a ticket to be issued, the officer must obtain your information from a valid ID, that's it. No descriptions of the turtle neck you were wearing, no crayon drawings of your bad haircut.

If you go to court to dispute the seatbelt ticket, the only way you are likely to get out of it is to prove undue hardship, and based on the typical size of a "failure to wear a seatbelt" fine, I wouldn't suggest you show up in your authentic Nucks jersey. Pay the fine and move on.

I was at a court house disputing a speeding ticket a month ago. Before me a couple people went up and one was a speeding ticket. Had a really generous judge and the guy went up, said he wanted to dispute it, judge took out the cop report, read it and then said he made a mistake and let the guy go. Happened 3/4 times when I was there that one day.

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People who walk through life with this point of view bother me more than anything else.

We live in a society and have laws and rules put in place to look after our fellow man/woman. You may not give two sh*ts about anyone else, but a lot of people feel as though we have a social obigation to look after each other. Especially in this example.

If people are stupid enough to knowingly not wear a seatbelt and risk their own safety, then it is up to those that are capable of making those smart decisions to help people (ie: you) in making those easy, day to day decisions that take zero effort in following through on.

I agree with you to a point. These are also the same idiots that have been throwing people in jail for decades for smoking a bit of marijuana.

Obviously the seatbelt law makes sense though.

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No. If you choose to not wear a seat belt, crash, and spend 2 months in the hospital--we're paying for your dumb decision. People should stop being selfish wanks and wear your seat belt.

Who's we? I pay for medical services and have never been to a hospital. Meanwhile drug addicts and homeless people who don't contribute to society receive free healthcare. If I get into an accident and am in the hospital for months or have a life changing injury don't you think that's punishment enough? It should be my choice though

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