OT...but not really

[Angela&Kayla]

My husband and his dad drove to Texas from Wisconsin at the beginning of the month. On their last day there, they got pulled over by the "DPS" for seat belt violations and were each issued a ticket. Ironically, they both were wearing their seatbelts, but the officer didn't want to "argue" and told them they could watch the video in court.

Every day since receiving the ticket, we have tried to get a hold of the judge, as their court date is Monday (2/25). Unfortunately, the judge is out and the secretary (or whoever it is that answers the phone) does not know when the judge will be back, but does know the judge will not be in on Monday (but she, the person who I talked to, will be in to take pleas on Monday). One thing we have learned, however, is that the fine the judge will issue for the seat belt violation is $210.

Now, from everything I read, Texas state law says a seat belt violation for adults (no children were in the truck) should be between $25 and $50. Apparently, in Texas each judge/county sets their own fine, and this particular county charges $210. This seems unreal to me, but unfortunately, being out of state, I feel as though we are being forced into a corner.

Does anyone have any experience similar to this? Any advice? Anyone from Texas? I have placed calls to everyone I can think of, but no one is responding. HELP!

Thanks in advance! I really don't want to shell out $210 for something that shouldn't even be an issue - if I do, I feel as though I am supporting something that doesn't seem "just" or "right."

 

[MM27]

If they were both wearing their seat belts, what was the rationale for giving them the tickets? Were they also speeding and the officer used the seat belt thing so that they didn't get points as well as the ticket?

 

[Angela&Kayla]

No - they weren't speeding. They were pulled over as part of a sting operation for something, but only received the tickets for not wearing seat belts. That is why this whole thing is so frustrating!

 

[Adi12982]

I am pretty sure that the click-it or ticket laws are supposed to be only fined when you are stopped for something else. . . like they can't just pull you over for the seat belt thing but ticket you for it when they pull you over for something else.

Perhaps the officer saw they were from out of state and would not be able to fight it (abuse of power if this is true) and had to meet his quota.

And the Judge's "secretary" is actually called a clerk. This is not legal advice - but I think you may be able to ask for a continuance (based on having to travel) if you actually want to be able to be in court for it.

 

[Boston Tea Party]

I am pretty sure that the click-it or ticket laws are supposed to be only fined when you are stopped for something else. . . like they can't just pull you over for the seat belt thing but ticket you for it when they pull you over for something else.

Actually, they can stop you for just that offense. I have seen them standing in the middle of the road at stop signs waving people over.

I always "click it" so I've never gotten a ticket.

Sorry you had a bad experience in our state and hope that things somehow get worked out.

 

[amp078]

I am pretty sure that the click-it or ticket laws are supposed to be only fined when you are stopped for something else. . . like they can't just pull you over for the seat belt thing but ticket you for it when they pull you over for something else.QUOTE]

Yes- I am a police officer and I can pull you over if it appears that you do not have your seatbelt on. As in any other vehicle & traffic law though, this probably varies state to state...

I agree with one of the earlier posters however- they were probably speeding or they were in violation of another road offense and issued the seatbelt violation instead.

I know I will probably get flamed for this but- It is very interesting to me that people will never admit to doing anything wrong- it is always us cops that are just out to get the innocent, law abiding citizens while the bad guys are out there, preying on the community that I am paid to serve and protect. However, it is usually those "law abiding citizens that never do anything wrong" that end up seriously injuring or killing people on our highways because of some type of vehicle and traffic law that they broke. Whether it is speeding, running red lights or stop signs, using a cellphone, etc..., it has been proven time and time again that these minor offenses do cause most of the accidents that are reported to police each year.

 

[mandysbus]

I dont really have any suggestions for your problem but something shady that happened to me...

I got a parking ticket the other year in the mail (actually i think it was a jacked up price, 3rd warning to pay or something, I never reacalled getting a first or second warning) from Philly, PA. I have not been to Philly since I was a little kid (and i'm now 27) so its been quite a while. And the date the ticket was supposedly issued, the plate in question had not been on a vehicle for over a year...in fact, the last vehicle the plate was on had been gone for over a year also.

In PA we only have one licence plate so I was thinking someone might have gotten hold of my old plate and been using it....but no, it was sitting in my kitchen. exactly where it had been sitting for the past year.

And i had it checked out and it was in fact a real ticket so somebody, somewhere in Philly pulled that one out of their butt. I think I ended up writing them a letter and letting them know that someone somewhere goofed up because I was not driving the whole way to philly for something that could not have happened.

 

[robertsmom]

Actually, they can stop you for just that offense. I have seen them standing in the middle of the road at stop signs waving people over.

I seen this too.

 

[LSchrow]

Yes- I am a police officer ........
I know I will probably get flamed for this but- It is very interesting to me that people will never admit to doing anything wrong- it is always us cops that are just out to get the innocent, law abiding citizens while the bad guys are out there, preying on the community that I am paid to serve and protect. However, it is usually those "law abiding citizens that never do anything wrong" that end up seriously injuring or killing people on our highways because of some type of vehicle and traffic law that they broke. Whether it is speeding, running red lights or stop signs, using a cellphone, etc..., it has been proven time and time again that these minor offenses do cause most of the accidents that are reported to police each year.

the vast majority of the time, absolutely yes.
unfortunately, there are instances where i'm sure you realize the "exception" occurs.
fyi, i have never rec'd a parking ticket, let alone a moving violation (yup, "stop" does not mean "slow down", yellow does not mean "speed up" ) & hopefully taught my children that laws are there for the reasons you explained. as you said, those "minor offenses" too often hurt innocent people.
more importantly, thank you for the job you & many of your comrades do keeping us all safe ~ believe it or not, John Q Public does appreciate it, even though we don't always say so

 

[mantaz]

Dh, BF at the time and I were heading to college to take our exams. Stopped at a red light, he leaned over to kiss me. Next thing we know, there are blue lights behind us. Cop pulled us over saying DH was not wearing his seatbelt. We both were. DH refused to sign the ticket and cop asked DH if he had been drinking. No, we had just gotten off work and were heading to school. He didn't get the ticket but the officer was a jerk.

They cared more about trying to write a ticket, than when the window behind my head got shot out while driving down the street in the same town.

 

[Angela&Kayla]

AMP078 -
Thank you for being a police officer - there are many jobs that are underappreciated but very important.

However, I do have to tell you that my husband was pulled over within one block of leaving his uncle's driveway, and no, they were only pulled over to receive a seat belt ticket, and yes, they were wearing their seatbelts. Why would we fight a ticket that they should get if they were in the wrong? (The officer that pulled them over said he has a video and they can see it in court when they fight the ticket - why can't it be reviewed ahead of time to show their innocence?)

I appreciate everyone's honesty and hearing that others have had unfortunate experiences...this just isn't right, know what I mean?

 

[amp078]

AMP078 -
Thank you for being a police officer - there are many jobs that are underappreciated but very important.

However, I do have to tell you that my husband was pulled over within one block of leaving his uncle's driveway, and no, they were only pulled over to receive a seat belt ticket, and yes, they were wearing their seatbelts. Why would we fight a ticket that they should get if they were in the wrong? (The officer that pulled them over said he has a video and they can see it in court when they fight the ticket - why can't it be reviewed ahead of time to show their innocence?)

I appreciate everyone's honesty and hearing that others have had unfortunate experiences...this just isn't right, know what I mean?

I can't tell you how they do things in some departments- everyone has their own way of doing things and it often varies from jurisdiction to jurisdiction- not only state to state.

Police Officers are human too- we do sometimes make mistakes and most of the time, we will admit that we were wrong when necessary. I know for a fact that this is not true of every police officer out there- there are a few that do abuse their authority and those are the ones that everyone hears about. As in any other job, there are some bad apples that can spoil it for everyone.

If your husband really feels strongly about the fact that he is innocent, have him write a letter to the court. Sometimes, the fact that he is so far away and wouldn't be able to appear in court to defend himself, the judge or magistrate may view the tapes and base his decision on that. It would be worth a shot.

Whatever he decides to do though- make sure he takes care of the ticket. If he doesn't answer it, a bench warrant will be issued for his arrest. I just had to take a young man in for "failure to answer summons" and he had to sit in the holding center downtown with the scum of the earth for the weekend until the judge came in to arraign him. I felt very bad- I think it was a stopsign violation that he "forgot" about. He may have forgotten, but the courts don't!!! I'm sure after that weekend, he will not forget again.

 

[flying_babyb]

215 is correct for wisconsin there really cracking down. I have the state issued fee book in front of me right now. Took traffic theroy this year, you sound see what it is if its a unrestrained child. Out of curosity is D for Depere? there know for not so honest cops.

 

[BabyTigger99]

Where in Wisconsin are they giving out $215 tickets for seatblet violations??? Seatbelt violation in Wisconsin is only $10, and they can only give you a ticket for seatbelt violation in Wisconsin if you were pulled over for something else (ie. failure to stop at a stop sign).

 

[Angela&Kayla]

215 is correct for wisconsin there really cracking down. I have the state issued fee book in front of me right now. Took traffic theroy this year, you sound see what it is if its a unrestrained child. Out of curosity is D for Depere? there know for not so honest cops.

We live in Wisconsin, near Milwaukee, and the seat belt ticket is only $10 (not that we have gotten one, as we wear our seatbelts). The ticket my husband got was issued in Texas.

I think my main problem, besides the fact that he got a ticket for something he should not have (as he WAS wearing his belt, is the fact that state law in Texas says the ticket should be between $25 and $50, yet the court is telling him it will be $210. That is crazy! Does state law in Texas not mean anything?

 

[flying_babyb]

Tickets orginally 10 but theres processing fees and so such that come out to 215

 

[happygirl]

have you tried to call the police station, he said they have a video of it. I would request to see the video

ETA I would guess that court cost is included in the total amount of the ticket

 

[estherhead]

Ohio is set up that every little village can have it's own police & set it's own fines. My dh got an unfair ticket a while back & I called the state highway police to ask how I could fight against the local judge & cop. He told me it's almost impossible & that I should try to get involved with a lobbyist to get the law change, but for now, I'd have to pay the outrageous fee for nothing!

So I went into the little dark, depressing office & handed the obnoxious clerk my check & while she got up to do something, I dumped all her chocolates (you know the ones in the basket for people to take?) into my purse. Petty, but it's been 10 years and it still makes me smile that I at least got some chocolates for my $100! And we moved to a different town.

Oh, and my dad (this was maybe 20 years ago) had the police yell at him for omething & he went down to the station & was explaining how what he was doing was completely fine & when he mentioned the Constitution the police man said, "What does the Constitution have to do with here?" Ha!

Sorry your dealing with this. Just go watch the Dukes of Hazard and it'll all make sense.

 

[hegfam]

My DH got a seatbelt violation last summer. The ticket was $25, but court costs of $120, so $145 total. I would imagine that might be where the difference is in your case also.

I still don't understand in your case how they were given seatbelt tickets if they were wearing seatbelts. What was the reasoning?

 

[Adi12982]

Yes- I am a police officer and I can pull you over if it appears that you do not have your seatbelt on. As in any other vehicle & traffic law though, this probably varies state to state...

Not in Florida - but I guess yes in other states. . . I always "Click-it" too, so no issues here. . .