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Home/ Questions/Q 664
Answered
theodorecarbajal
theodorecarbajal
Asked: May 31, 20222022-05-31T04:38:12+00:00 2022-05-31T04:38:12+00:00In: Traffic tickets

given a citation for improperly wearing my seatbelt.

The other day I was driving while out of state, I was pulled over by a State Patrolman and given a citation for improperly wearing my seatbelt. I had it tucked under my arm. I’m only 5’2 with a short stature and sit low to the seat, the belt catches me around my neck and makes me uncomfortable as if I’m being choked. I have neck and throat issues and have been told I need to have surgery. But Is this something that is common or was this Trooper being a little anal or a stickler for the law? What are my chances of fighting and beating this or should I just pay the nearly $200 fine and move on? Thanks for any advice.

seatbeltstate patrolman
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    1. christinahirsh
      2022-06-01T07:08:31+00:00Added an answer on June 1, 2022 at 7:08 am

      It’s insanely dangerous to wear your seat belt that way, police have the job of saving people from their bad choices. I’m also 5’2 and it’s a drivers responsibility to ensure their vehicle is used properly and safely. Every vehicle is equipped with a sliding mechanism to raise or lower a seatbelt so it fits properly. If you happen to have an unusually short torso, then using a seat/cushion to boost yourself higher would be appropriate

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    2. barrydrew
      2022-06-01T05:40:50+00:00Added an answer on June 1, 2022 at 5:40 am

      What was the main reason he stopped you, the seat belt? And how did he see that?

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    3. karinawinman
      2022-06-01T03:21:33+00:00Added an answer on June 1, 2022 at 3:21 am

      NAL but you may want to check if they can pull you over for that as a primary offense. Some places you need to be speeding first, and then they can give you a ticket for that.

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    4. sheilarossow
      2022-06-01T02:10:46+00:00Added an answer on June 1, 2022 at 2:10 am

      Add a chip clip onto the belt where the shoulder strap goes in. Keeps it looser. Get pulled over, remove chip clip.

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    5. breccalynn
      2022-06-01T01:20:33+00:00Added an answer on June 1, 2022 at 1:20 am

      That’s not true. I’ll give you an example any car prior to 1973 have no seatbelts therefore you can’t get a ticket for not wearing something that you don’t have. Absurdity doctrine look it up. People don’t understand the law therefore they are enslaved to it.

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    6. donnadean
      2022-06-01T00:29:34+00:00Added an answer on June 1, 2022 at 12:29 am

      you’re allowed to drive handicapped. They literally make hand peddles for people who can’t use their legs. There are TONS of accommodations for people with handicaps. That would be a disability NIGHTMARE for the government. It’s if you can safely drive. Meaning you don’t put yourself and others at risk. If you have a way of keeping your seatbelt on in some way shape or form it should be fine. I’d get a dr. Note and tell the judge about deputy dillhole.

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    7. theodorecarbajal
      2022-05-31T22:25:08+00:00Added an answer on May 31, 2022 at 10:25 pm

      yes, that’s what I told him when he gave me the reason for stopping me. I do have the scans and drs letters etc, but my son said that that could possibly get me in more trouble if they say that I should be able and capable to drive without any restrictions or handicaps etc, although I do have a handicap sticker, lol, so I don’t know.

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    8. christinaziobron
      2022-05-31T22:08:05+00:00Added an answer on May 31, 2022 at 10:08 pm

      Go to your Dr get a medical note about your throat issue and send it to the court administration that collects the money for tickets. I have an issue with my shoulder and had the same issue. Seatbelts are to keep you from injuring yourself if they’ll cause more injury wearing them then a medical note exempts you from that law under absurdity doctrine. I’m not a lawyer but what the hell do I know. Good luck

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    9. theodorecarbajal
      2022-05-31T19:50:43+00:00Added an answer on May 31, 2022 at 7:50 pm

      that was my first thought! I definitely wasn’t speeding cause I was in moderate traffic flow. I didn’t see him at all or if he had a speed trap waiting for his next victim, but he ran up behind the car behind me with his lights on and then me after that guy moved over. I have 35% window tint on my windows too and you can see the belt coming across in the right lighting, so I’m puzzled. I was in another state with an out of state tag, so maybe that was his culprit, idk. He treated me like a criminal too. I’m not sure about that one, but I definitely had the belt across the lap and it went across my chest too. I actually believe that it’s safer for me that way being so petite. But I should look into that, so thanks for letting me know.

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    10. michaelpatton
      2022-05-31T19:35:10+00:00Added an answer on May 31, 2022 at 7:35 pm

      First question – how could the officer tell how you were wearing your shoulder harness, if you were driving? Did he have probable cause to pull you over for any reason, or was it a spot check looking for violations? That’s your first line of defense. Second question – were you wearing a lap belt across your seat at the time? Most shoulder harnesses come with seat belts attached. What does your State law require, a seat belt, or a seat belt and a shoulder harness if equipped with one? And does the State law dictate how it is to be worn, and if so, specifically over the shoulder or as recommended by the manufacturer? Third line of defense.
      It is known fact from first responders that wearing the shoulder harness over the shoulder, as opposed to under, can cause severe injuries in an accident, including fractured color bone and ribs, compression of the chest cavity, and even death. Since learning that, I always wear the shoulder belt under my arm. Especially for your height, you are prudent to wear it under your arm in your own best interests. Fourth defense. Can a law that requires compliance with a manufacturer’s “recommendations” be enforced if it puts you at risk? I would argue that the manufacturer’s recommendations are that only, leaving the user with discretion according to each individual situation. In the future, two options: (1) sit on a cushion to raise you up, for better visibility as well, or (2) get someone to lower the shoulder strap retainer further down on the door jam. Easier to sit on a cushion.

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    11. stephaniemarie
      2022-05-31T18:50:58+00:00Added an answer on May 31, 2022 at 6:50 pm

      this won’t work because it will still be across her neck.
      -I’m under 5 ft.

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    12. christinaziobron
      2022-05-31T16:47:54+00:00Added an answer on May 31, 2022 at 4:47 pm

      They make things for this. I’ve used a seat belt cushions like these to help Soft Auto Seat Belt Cover Seatbelt Shoulder Pad 2 PCS for a More Comfortable Driving Compatible with All Cars and Backpack Black https://www.amazon.com/…/ref=cm_sw_r_cp_api_i… and I think they have other types to help too that doesn’t obstruct the seat belt.
      Seat belt laws are serious. You’d have to have a dr approve wearing it differently to even fight it.
      However did the police officer say like he doesn’t show up to court stuff? I know in Houston if the said officer who pulled you over doesn’t show your ticket is automatically dismissed. My husband had a speeding ticket that was dismissed because the officer didn’t even show up to court.

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    13. lisadarrow
      2022-05-31T15:04:47+00:00Added an answer on May 31, 2022 at 3:04 pm

      I’m under 5 ft. This works.
      https://www.walmart.com/ip/E4-Safety-Certified-Seat-Belt-Extension-Type-Q-Black-10-Inches-from-Seat-Belt-Extender-Pros/417043670?wmlspartner=wlpa&selectedSellerId=6078&&adid=22222222228090854709&wl0=&wl1=g&wl2=m&wl3=537311054369&wl4=pla-355438306514&wl5=1014221&wl6=&wl7=&wl8=&wl9=pla&wl10=114227149&wl11=online&wl12=417043670&veh=sem&gclid=CjwKCAjws8yUBhA1EiwAi_tpEQ4b0Sx-_zTew_q5gJq7R0aAitczGH8_FVfrzOPCt3hb3zQtRdDL8xoC7JQQAvD_BwE&gclsrc=aw.ds

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    14. amberbarger
      2022-05-31T13:14:13+00:00Added an answer on May 31, 2022 at 1:14 pm

      I dont have advice but at 5’ tall, I can empathize. How have auto makers not realized that not everyone is between 5’5” and 6’2”? Seat belt cuts into my neck and I worry that in an accident, I’d be decapitated by it.

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    15. matthewblackburn
      2022-05-31T12:27:54+00:00Added an answer on May 31, 2022 at 12:27 pm

      Depending upon year, make & model, most newer vehicles come equipped with easy adjustments. At the point where the seat belt releases. There is generally a slide attachment which can be raised or lowered.

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    16. jeremycampbell
      2022-05-31T11:32:41+00:00Added an answer on May 31, 2022 at 11:32 am

      yes thank you sorry i should’ve been more clearer

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    17. kellylatham
      2022-05-31T11:06:02+00:00Added an answer on May 31, 2022 at 11:06 am

      Im sure she means the seat belt not the ticket. Lol

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    18. jenniferzumalt-coen
      2022-05-31T10:46:11+00:00Added an answer on May 31, 2022 at 10:46 am

      I’m not sure, I can ask though

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    19. amberlynn
      2022-05-31T09:40:52+00:00Added an answer on May 31, 2022 at 9:40 am

      Can you adjust it lower? Some people don’t know you can.

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    20. michaelpatton
      2022-05-31T08:31:14+00:00Added an answer on May 31, 2022 at 8:31 am

      There are companies like ‘Mr. Ticket’ who can help you fight tickets. Generally they charge a flat rate and go to court for you. It was $99 dollars when I used the service and my ticket was dismissed.

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    21. theodorecarbajal
      2022-05-31T07:58:07+00:00Added an answer on May 31, 2022 at 7:58 am

      Thank you..

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    22. Best Answer
      gabriellearvizu
      2022-05-31T06:15:42+00:00Added an answer on May 31, 2022 at 6:15 am

      NAL but had a similar experience in Oregon, your state may be different but the law states the seat belt must be worn in the manner it was intended. So wearing it in any way other then the way it is designed is the same as not wearing it under the law, at least in Oregon. I would pay the fine with a letter explaining your medical situation and move on, maybe they cut you a break and not put it on your record but I wouldn’t count on it.

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    23. winsonhsieh
      2022-05-31T05:23:51+00:00Added an answer on May 31, 2022 at 5:23 am

      NAL. You can purchase a seat belt adjuster for around $25.

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