legal question on a seat belt ticket i recieved

[cap'n cook]

not sure if this should go here but, it didnt seem like it should go in legislation and politics?

today i got pulled over for going 15mph over in a 45 mph long straight road with fields on both sides. the car is an older toyota camry with the automatic shoulder belt which i was wearing. the officer let me off of the speeding part, which i am thankful for, but he gave me a $75 dollar ticket for not having the lap belt on (automatic shoulder belt on, lap belt not on). does anyone know if the lap portion of the belt is required by law here in Co. i know that if driving a vehicle equipped with seat belts then the front seat driver and passenger are required to wear them, but the officer said if the vehicle is equipped with seat belts you are required to wear ALL the belts, meaning both lap and shoulder belts. is he correct on this or can i fight it? i really dont have an extra $75.

thanks

edit. i did look up the seat belt laws, but cant find an answer on this.

[Logan]

Our government sends armed men to prevent cows from eating grass. You'll be lucky to stay out of prison.

[Hound]

You have to wear what the manufacture put in.

[merl]

http://web.lexisnexis.com/research/retrieve?_m=20291db95bb164866c84a26ba743a817&docnum=5&_fmtstr=FULL&_startdoc=1&wchp=dGLbVzt-zSkAl&_md5=f8625a77348b77e465f1eba351e40fa4

key part here is probably "conforms to federal motor vehicle safety standards" which I'm not going to dig through. I'd guess those standards require both shoulder and lap.



42-4-237. Safety belt systems - mandatory use - exemptions - penalty



(1) As used in this section:

(a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the public highways, including passenger cars, station wagons, vans, taxicabs, ambulances, motor homes, and pickups. The term does not include motorcycles, low-power scooters, passenger buses, school buses, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations.

(b) "Safety belt system" means a system utilizing a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, which system conforms to federal motor vehicle safety standards.

(2) Unless exempted pursuant to subsection (3) of this section, every driver of and every front seat passenger in a motor vehicle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in this state.

(3) Except as provided in section 42-2-105.5 (http://web.lexisnexis.com/research/buttonTFLink?_m=2869a0dc05fc65e89ca4d008d8b2b0cc&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDAT A%5bC.R.S.%2042-4-237%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=COCODE%2042-2-105.5&_fmtstr=FULL&docnum=5&_startdoc=1&wchp=dGLbVzt-zSkAl&_md5=59f3189983c20be3af5d8c70b59e1be9), the requirement of subsection (2) of this section shall not apply to:

(a) A child required by section 42-4-236 (http://web.lexisnexis.com/research/buttonTFLink?_m=2869a0dc05fc65e89ca4d008d8b2b0cc&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDAT A%5bC.R.S.%2042-4-237%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=3&_butInline=1&_butinfo=COCODE%2042-4-236&_fmtstr=FULL&docnum=5&_startdoc=1&wchp=dGLbVzt-zSkAl&_md5=7e90b1916a784e594863211db8558239) to be restrained by a child restraint system;

(b) A member of an ambulance team, other than the driver, while involved in patient care;

(c) A peace officer as described in section 16-2.5-101, C.R.S. (http://web.lexisnexis.com/research/buttonTFLink?_m=2869a0dc05fc65e89ca4d008d8b2b0cc&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDAT A%5bC.R.S.%2042-4-237%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=4&_butInline=1&_butinfo=COCODE%2016-2.5-101&_fmtstr=FULL&docnum=5&_startdoc=1&wchp=dGLbVzt-zSkAl&_md5=504597b9d84c2a180e6ac861eef809d2), while performing official duties so long as the performance of said duties is in accordance with rules and regulations applicable to said officer which are at least as restrictive as subsection (2) of this section and which only provide exceptions necessary to protect the officer;

(d) A person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety belt system if such person possesses a written statement by a physician certifying the condition, as well as stating the reason why such restraint is inappropriate;

(e) A person driving or riding in a motor vehicle not equipped with a safety belt system due to the fact that federal law does not require such vehicle to be equipped with a safety belt system;

(f) A rural letter carrier of the United States postal service while performing duties as a rural letter carrier; and

(g) A person operating a motor vehicle which does not meet the definition of "commercial vehicle" as that term is defined in section 42-4-235 (1) (a) (http://web.lexisnexis.com/research/buttonTFLink?_m=2869a0dc05fc65e89ca4d008d8b2b0cc&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDAT A%5bC.R.S.%2042-4-237%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=5&_butInline=1&_butinfo=COCODE%2042-4-235&_fmtstr=FULL&docnum=5&_startdoc=1&wchp=dGLbVzt-zSkAl&_md5=133ce90820927c9ff5652a6c3ab0773d) for commercial or residential delivery or pickup service; except that such person shall be required to wear a fastened safety belt during the time period prior to the first delivery or pickup of the day and during the time period following the last delivery or pickup of the day.

(4) (a) Except as otherwise provided in paragraph (b) of this subsection (4), any person who operates a motor vehicle while such person or any passenger is in violation of the requirement of subsection (2) of this section commits a class B traffic infraction. Penalties collected pursuant to this subsection (4) shall be transmitted to the appropriate authority pursuant to the provisions of section 42-1-217 (1) (e) (http://web.lexisnexis.com/research/buttonTFLink?_m=2869a0dc05fc65e89ca4d008d8b2b0cc&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDAT A%5bC.R.S.%2042-4-237%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=6&_butInline=1&_butinfo=COCODE%2042-1-217&_fmtstr=FULL&docnum=5&_startdoc=1&wchp=dGLbVzt-zSkAl&_md5=b354962ada822a49142e6e81bc2ea4e6) and (2).

(b) A minor driver under eighteen years of age who violates this section shall be punished in accordance with section 42-2-105.5 (5) (b) (http://web.lexisnexis.com/research/buttonTFLink?_m=2869a0dc05fc65e89ca4d008d8b2b0cc&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDAT A%5bC.R.S.%2042-4-237%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=7&_butInline=1&_butinfo=COCODE%2042-2-105.5&_fmtstr=FULL&docnum=5&_startdoc=1&wchp=dGLbVzt-zSkAl&_md5=41bbda419f04205c3a83ed8d61a2aa0f).

(5) No driver in a motor vehicle shall be cited for a violation of subsection (2) of this section unless such driver was stopped by a law enforcement officer for an alleged violation of articles 1 to 4 of this title other than a violation of this section.

(6) Testimony at a trial for a violation charged pursuant to subsection (4) of this section may include:

(a) Testimony by a law enforcement officer that the officer observed the person charged operating a motor vehicle while said operator or any passenger was in violation of the requirement of subsection (2) of this section; or

(b) Evidence that the driver removed the safety belts or knowingly drove a vehicle from which the safety belts had been removed.

(7) Evidence of failure to comply with the requirement of subsection (2) of this section shall be admissible to mitigate damages with respect to any person who was involved in a motor vehicle accident and who seeks in any subsequent litigation to recover damages for injuries resulting from the accident. Such mitigation shall be limited to awards for pain and suffering and shall not be used for limiting recovery of economic loss and medical payments.

(8) The office of transportation safety in the department of transportation shall continue its program for public information and education concerning the benefits of wearing safety belts and shall include within such program the requirements and penalty of this section.

[Colorado_Outback]

Do you make more than $75 a day @ work? From the sound of it your probably going to end up paying, one way or another.

[jerrymrc]

You have to wear what the manufacture put in.

Then I am taking the optional shoulder straps out of my 72 GTO. [Flower] I tried using them once and they stay tucked up out of the way. Separate belt, no retractors meaning to wear them correctly you have to undo them to reach the heater controls.[LOL] I am a believer in seat belts though.

[cysoto]

today i got pulled over for going 15mph over in a 45 mph long straight road...

...the officer let me off of the speeding part, which i am thankful for, but he gave me a $75 dollar ticket for not having the lap belt on...

The ticket for going 15 mph over the speed limit would have been more expensive (plus your insurance fee may have been raised too).

[cap'n cook]

Do you make more than $75 a day @ work? From the sound of it your probably going to end up paying, one way or another.

i dont work right now. im just starting to come back a little from a badly broken back which has had me out for a while. so i wouldnt be losing out on a days wages from going to court. im just wondering if that is in fact law or just the officers interpretation of the law which in that case i would dispute.

[Great-Kazoo]

i dont work right now. im just starting to come back a little from a badly broken back which has had me out for a while. so i wouldnt be losing out on a days wages from going to court. im just wondering if that is in fact law or just the officers interpretation of the law which in that case i would dispute.

they have this check box on the front / back to plead with a reduced penalty you can mail in.
If for some reason you are new to receiving a traffic ticket in CO, or anywhere. The bottom line is Revenue, yours given to the city, town, state. One way or another it is going to come out of your pocket. How much depends on which path you choose to take.

[HoneyBadger]

Our government sends armed men to prevent cows from eating grass. You'll be lucky to be alive.
FITY

[Irving]

The answer is, "How do you think I got my wallet out of my pants?!" However, that's only the answer when you are getting BOTH the speeding and the belt ticket. In this case, you thank him very much and pay the ticket.

[RonMexico]

If it makes you feel better, this past weekend I recieved a $75 parking ticket for parking too far off the road @ Pawnee.

[Hound]

I actually beat a seat belt ticket. Went to court and plead my case. The DA was dumb struct that ANYBODY would challenge it. Apparently, for her (the DA) and the Judge I was the first. I would not recommend it though. I was able to get the cop and DA to contradict themselves and the fact is the cop did not even remember me. They consider this a slame dunk.... Everybody just pays.

Just to be clear: I was wearing my seat belt.

[02ducky]

If it makes you feel better, this past weekend I recieved a $75 parking ticket for parking too far off the road @ Pawnee.

Ouch that sucks- good info tho, thanks for sharing.

[Great-Kazoo]

Any bets this goes 2 pages?

[JohnnyEgo]

If it makes you feel better, this past weekend I recieved a $75 parking ticket for parking too far off the road @ Pawnee.

Amateur.

[sniper7]

The system is set up you will be paying money no matter what. Either taking time off work, paying the ticket, paying the court fees, somehow, it will cost you time and money. How you spend it is your call.

[hghclsswhitetrsh]

Myeh, just be glad you are getting any points off the license and possible insurance going up. Pay it and move on.

[DEAGLER]

Myeh, just be glad you are getting any points off the license and possible insurance going up. Pay it and move on.
This. It's unlikely cops let you off with a speeding warning.

[cofi]

Cop let you off of the speeding ticket but still wanted to ding you so you learn your lesson about speeding

Thank him for not fucking your insurance up if you got pulled over in Jersey you woulda gotten both tickets plus a couple more for anything else wrong with your car

The police out here do not give you 15mph out here I rarely do over 7


https://farm9.staticflickr.com/8499/8287988162_9237ff146a_b.jpg

[Irving]

Is that an old Honda?

[cofi]

H
Is that an old Honda?
Veedub

https://farm9.staticflickr.com/8057/8286928737_d69dfe1d90_b.jpg

1992 GTi g60 built 4k transmission coilovers etc etc

[KevDen2005]

Let you off of the speed? Probably saved you a couple hundred bucks. I know we are one of the cheapest agencies in the metro and well over $100 for 15 over. Required to wear the seat belt as it was intended by manufacturer. You have the right to fight it, and if you were right you should always do so, I believe. If you were wrong, then take the cheaper way out, admit wrong, and move on with life.

I recently received a parking ticket in D-Town for now front plate, vehicle was currently registered and parked legally otherwise. I was also attending a law enforcement class at the District 3 substation.

I attempted to fight it because I feel that is just bad enforcement, but I was still wrong. I didn't realize the PD doesn't do the parking tickets and the desk officer told me, "Good luck." Turns out, I think you have to get a genie and the blood of a virgin to fight any parking ticket in Denver.

[Irving]

Yeah, the Denver meter maids are THE WORST. Those front plate tickets used to be $25. Then they bumped them up to $75.

[cap'n cook]

well i guess i'll just pay the damn thing. i just thought that maby the officer was wrong on the lap belt thing and i cold get off. not so much on principle, but more that i just dont have $75 bucks. it just sucks when i got pulled over i was on my way to the food bank for my neighbor that doesnt have a car. then i needed to stop off at the post office and send off 30 lbs of .223 brass i had picked up from the shooting range across the street and sold for $80. it was one of those days where your like " damn should have stayed in bed today" LOL

[Great-Kazoo]

well i guess i'll just pay the damn thing. i just thought that maby the officer was wrong on the lap belt thing and i cold get off. not so much on principle, but more that i just dont have $75 bucks. it just sucks when i got pulled over i was on my way to the food bank for my neighbor that doesnt have a car. then i needed to stop off at the post office and send off 30 lbs of .223 brass i had picked up from the shooting range across the street and sold for $80. it was one of those days where your like " damn should have stayed in bed today" LOL

Must be my math, you're up $5.

[Aloha_Shooter]

Must be my math, you're up $5.
Probably took a loss when you consider postage and gas.

[DocMedic]

I got busted in Early Feb for going 15mph over the speed limit between Durango/Wolfcreek mountain. Speed limit dropped from 65mph to 50mph and I never saw it. I payed for it, 169.00 You got off lucky.

[Great-Kazoo]

Probably took a loss when you consider postage and gas.

tax write off ;)

[ChunkyMonkey]

Yeah, the Denver meter maids are THE WORST. Those front plate tickets used to be $25. Then they bumped them up to $75.

another reason why I dont drive my own car anymore.

[Waywardson174]

Be aware if you decide to fight the ticket, the DA has the ongoing ability to add charges that are supported by the officer's report. Not saying they will, but legally that speeding can come back into the case even if the officer didn't file it.