Seatbelt ticket in parking lot?

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  • smorris
    Senior Member
    • Apr 2003
    • 695
    • Tampa, Florida, USA.

    #16
    Back in the late 80's my brother and I both got a seatbelt ticket in Buffalo NY. We were in my off-road truck and the officer cited us for no seatbelt because I had 4 point harnesses and he said it wasn't a legal seatbelt.

    We went to court and the judge threw it out and had a discussion with the officer.
    --
    Any sufficiently advanced incompetence is indistinguishable from malice

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    • Hoover
      Veteran Member
      • Mar 2003
      • 1273
      • USA.

      #17
      The cop could probably write tickets, if the vehicle was moving. I don't see how a ticket can be written if the vehicle was parked. The law isn't the same in every state, but maybe the cop was feeling rather ornery. Maybe bad doughnuts!
      No good deed goes unpunished

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      • RAFlorida
        Veteran Member
        • Apr 2008
        • 1179
        • Green Swamp in Central Florida. Gator property!
        • Ryobi BT3000

        #18
        In some states:

        If you're in the drivers' seat, key in the ignition, and you're drunk, they call that DUI, even if you did not start the vehicle. As long as the keys in the ignition is enough for an arrest. IN A PARKING LOT NO LESS! My ex bil found out the hard way.

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        • Pappy
          The Full Monte
          • Dec 2002
          • 10490
          • San Marcos, TX, USA.
          • BT3000 (x2)

          #19
          I deliver mail to one of the DPS offices. I'm going to ask a trooper about this today.
          Don, aka Pappy,

          Wise men talk because they have something to say,
          Fools because they have to say something.
          Plato

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          • JeffW
            Veteran Member
            • Feb 2003
            • 1594
            • San Antonio, Texas, USA.
            • BT3100

            #20
            Sounds like a BS ticket to me. Most laws regarding traffic do not apply on private property. One exception is schools. I'd fight it. I am and have always been against revenue based tickets. When I worked the streets traffic was either for probable cause or something dangerous like school zones.
            Measure twice, cut once, screw it up, start over

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            • maxparot
              Veteran Member
              • Jan 2004
              • 1421
              • Mesa, Arizona, USA.
              • BT3100 w/ wide table kit

              #21
              Here in AZ they can't pull you over for not wearing a seat belt. They must first find another reason and then they can pull you over and write both tickets. As for being ticketed on private property, They can write the ticket and any decent attorney would get it thrown out but if you try to defend yourself you'll need at least 1 witness with you at the time. Otherwise it will be your word against the LEO and the courts don't consider your word as good. The courts and law enforcement rely on the fact that it will cost you more to defend against the ticket than the price of the ticket. Since it doesn't put points on your license and won't effect your insurance it is more cost effective to just pay it rather that taking 1 or more day off from work to be in court and/or pay an attorney.
              Opinions are like gas;
              I don't mind hearing it, but keep it to yourself if it stinks.

              Comment

              • Pappy
                The Full Monte
                • Dec 2002
                • 10490
                • San Marcos, TX, USA.
                • BT3000 (x2)

                #22
                According to the Sgt in charge of the license division, traffic laws do not apply to private property in Texas unless there is a civil complaint made. This includes stop/yield signs at parking lot exits. Handicap parking tickets can be written at the officer's descretion.

                If you are operating a vehicle in a reckless manner that would pose a threat or danger to others she said an officer could 'intervene' from a safety standpoint. In the case of exits, you could be sited for failure to yield to traffic, but not for running the stop sign.
                Don, aka Pappy,

                Wise men talk because they have something to say,
                Fools because they have to say something.
                Plato

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