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devon

Paragould, AR

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#1
Aug 30, 2008
 
OK...so there was a safety checkpoint by JPD at the Softball complex on Stadium. Hubby & I were coming back from Harrisburg and lucky us...we were motioned into the checkpoint.

Female officer comes up to the car and asks for hubby's DL, registration, and insurance. Hubby takes off seat bealt to get his wallet out. I get the info out of the glove box. The whole time the female officer is watching.

She then performs a signal, brake, and light check. Plays with her radio. And then comes back with a ticket for no seat belt!!!!

Hubby simply says "I had my seatbelt on." Then she claims she didn't see it! I said "He had his seatbelt on until you asked for his driver's license." That's when she informed me that if we wanted to argue about it that we should just take it to court. I restated "But he had his seatbelt on." Then she says "Well, if you want you can speak to my Sgt. otherwise you'll just have to go to court."

So fine, let me talk to your Sgt. He comes over. "Sir, what's the problem?"
Hubby:"She says I didn't have my seatbelt on when I did." Sgt. says: "Well, I didn't see but we have an officer waiving in people whe don't have their seatbelt on. You'll just have to go to court."

Fine. Whatever.

The said officer waiving people into the ckeckpoint was not using a flashlight, just one of those orange glow sticks. He never shined anything into the car. And he was already telling us to pull into the checkpoint before he walked up to the car.

Point is, hubby had his seatbelt on. So did I. But this officer can just write out a ticket because she claims "She didn't see it."

And everything I can find on the internet says that Arkansas only has a Secondary Seat Belt Law. "Secondary enforcement means that a citation for not wearing a safety belt can only be written after the officer stops the vehicle or cites the offender for another infraction." - www.nhtsa.dot.gov

Oh, and she was rude. We were both trying to be polite. But it was like trying to reason with a two year-old.

What the hell? And where were all these cops hours earlier when every single traffic light in Jonesboro was out of order due to the blackout? We drove around town for an hour then looking for a place to eat that still had electricity and only saw one cop, and he just flipped on his lights to get through the intersection and the turned them off when he was on his merry way.
devon

Paragould, AR

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#2
Aug 30, 2008
 
So, is it worth fighting in court???

We will both hafta take a day off work.

Anybody every won against something like this? Any tips? Do you hafta pay court costs? How much is a no seatbelt ticket anyway???

My main concern is whether or not this will raise our insurance. Especially since we did nothing wrong in the first place!!!!
RecklessDude

Little Rock, AR

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#3
Aug 30, 2008
 
devon wrote:
So, is it worth fighting in court???
We will both hafta take a day off work.
Anybody every won against something like this? Any tips? Do you hafta pay court costs? How much is a no seatbelt ticket anyway???
My main concern is whether or not this will raise our insurance. Especially since we did nothing wrong in the first place!!!!
I think the fine is 25 bucks, and no the judge will only believe the cop. Dont even bother with it. The bitch was pissed off because you werent drinking and she couldnt get her bonus.

Safety stops and complete and utter bullshiit!
RecklessDude

Little Rock, AR

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#4
Aug 30, 2008
 
are not and.
sweetiepie

Little Rock, AR

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#5
Aug 30, 2008
 
I've never had a ticket for no seat belt, but I think they are like $25. As for court costs, they're probably added into everything these days. I got a hazardous driving ticket once, and even though the ticket itself was only $50, there was a $25 court cost thrown in there. So my little incident ended up being $75. Seems they use the "I didn't see it" answer a lot. I was almost run over in a crosswalk one day leaving work and I got the license plate of the car and called JPD. The officer came out and said he couldn't do anything because he "didn't see it" I told him that next time I would let them hit me and lay in the street so he could "see it" and maybe something would be done
Just what I heard

United States

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#6
Aug 30, 2008
 
It seems like I heard something about the cost of the seatbelt ticket went up & it goes on your record therefore your insurance will more than likely be notified. Good luck!!
nono

Alexandria, LA

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#7
Aug 30, 2008
 
This sucks really bad! There is nothing worse than a cop on a power trip! The ticket will not go on your record and the last one I had was only $25. I'm not sure but I think even if you will you'll have to pay court costs, which would be more than the ticket. You should win but is it worth it? You seem like a person of principle so I would say yes!

Since: Aug 08

Jonesboro, AR

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#8
Aug 30, 2008
 
This is a perfect example that supports my opinion that police men/women have way too much power. It's ridiculous that they can pull anyone over for no reason and call it a "safety checkpoint." They should spend more time and effort trying to bust drug dealers and child molesters or at least something that really matters. I realize it's a state law to wear a seatbelt, and I wear mine religiously, however, if one chooses not to wear one, they are only endangering themself. I think it's just an easy way for them to pull someone over for no reason!
nono

Alexandria, LA

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#9
Aug 30, 2008
 

Judged:

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Well they're whole theory behind it I think may be a good one...pull people over and every now and again catch a drunk driver. But I say why give the person a chance to screw up. Maybe they should put a cop outside the door of every bar in J'town and make everyone blow before they even get into the car to drive. Maybe give the option to blow or call a cab. I realize the DWI and DUI tickest rake in a lot of cash for the city/county but why do the cops sit and wait rather than stop it before it starts?!
Java Lova

Lake Charles, LA

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#10
Aug 30, 2008
 

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I know it's getting off the subject a bit. But, what is the concern of the police if you wear your seatbelt or not (where are the saftybelts on school busses) and what about the helment laws if "safety belts" are so important. why so easy for NO helment or safety belt for cyclist.
Java Lova

Lake Charles, LA

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#11
Aug 30, 2008
 
helmet.....sorry got excited
shots

Bullard, TX

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#12
Aug 30, 2008
 
There is only answer to it. It's all about the money. They can't legally give you a ticket before you get in the car, so they bust you when you're driving. Catching someone driving while drinking sounds a lot better than catching someone walking to their car drinking.
nono

Alexandria, LA

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#13
Aug 30, 2008
 
This is true! I just don't see why the police/bars don't step up to prevent it all from happening! In all fairness, I know not all the drunk drivers come from bars though. Many come from their homes and other house parties. Its a shame!

Since: Jul 08

Jonesboro, AR

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#14
Aug 31, 2008
 
Well I'll put my 2 cents in for what its worth. Being an ex-cop for 8 years before moving onto better things besides dealing with horse shit politics, there are alot of things talked about here that do make our lives a little more crazy. The seatbelt law, always been a controversy, if the officer didnt see you wearing it, its his descretion to write you the ticket. Its $ 25.00 and does affect your insurance. You can write a letter to the municipal judge at the time your citation is paid if you choose not to appear in court, requesting probation for the offense. Providing you have a decent record, and not a habitual offender in municipal court, the job can issue you probabation on the summons to keep it off your record for 90 days providing no other infractions of the SAME type are committed. Alot of officers are assholes, and only want that merit of what we call a contact stop where we are required to make so many contacts per month. A safety check point is a ligitimate way to get those contacts, and ppl are fighting this in court. Right now the laws state per safety and officer has a right to detain and question for the purpose of safety to others and the person operating a motor vehicle. Now for the DWI dont get suckered into this one. Under the Arkansas implied consent law you signed before getting your drivers license, you gave the officers the right to detain, ask, and question you for the offense of impaired driving. PPL are mis lead that you have to be behind the wheel to get a DWI/DUI, (WRONG) if you have possession of the keys to a vehicle within an area related to your being, your have actial phsyical control of that vehicle and if you are impaired, the officer can and some dicks will arrest you for DWI/DUI. I never pushed that issue but I have arrested some before that were passed out behind the wheel on the side of the road, doing what we would think was right, sleeping it off, but theyve allready driven, and are still impaired. This could go on for another book of impaired driving. Basically if you get a ticket you are innocent until proven guilty. Signing that line is not an admission to guilt on a promise to appear in court. Taking off work for a $25 ticket not worth it right the letter and pay the fine. It will save the hassle. Or as your right go to court fight for whats right, and if found guilty then request the probation your self to the judge...
inside out

United States

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#15
Aug 31, 2008
 
shots wrote:
There is only answer to it. It's all about the money. They can't legally give you a ticket before you get in the car, so they bust you when you're driving. Catching someone driving while drinking sounds a lot better than catching someone walking to their car drinking.
yes they can legally give you a ticket before you get into your car, if you are under the influence, its called public intoxication
inside out

United States

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#16
Aug 31, 2008
 
The N wrote:
This is a perfect example that supports my opinion that police men/women have way too much power. It's ridiculous that they can pull anyone over for no reason and call it a "safety checkpoint." They should spend more time and effort trying to bust drug dealers and child molesters or at least something that really matters. I realize it's a state law to wear a seatbelt, and I wear mine religiously, however, if one chooses not to wear one, they are only endangering themself. I think it's just an easy way for them to pull someone over for no reason!
the safety checkpoints do produce dui's (which could be drugs or alcohol) not to mention the people they get that have warrants, that could be anything from fta (fail to appear) to not registering as a sex offender...i think safety checkpoints are a good thing and as long as a person isnt breaking (or broke in the past and didnt pay their fine) the law they shouldnt have a problem with the safety checkpoints
hats and bats

Clovis, NM

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#17
Aug 31, 2008
 

Judged:

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They are human beings and guess what they can make mistakes. Your husband might have had his seat belt on the whole time, and guess what maybe she really didnt see it. She didnt write you the ticket just because she was on a power trip or to just win that toaster oven at the end of the month. Her attitude toward you probably changed when yours did. Everyone here can see that you are very upset because you felt that you were wronged. I am just guessing but I bet your anger showed through the night your husband got the ticket. Take it to court and plead your case and stop crying about it. I also find it hard to believe that you didnt see any officers during the blackout. They along with reserve officers and a couple of state troopers were working as many of the major intersections that they could. There were also officers called in on their day off and officers were also called in early for their shift. O yeah and get this the crime and other needs of the city didnt stop just because there was no electricity.
Waste of time

United States

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#18
Aug 31, 2008
 
I agree it's a waste of time and money to take it to court. The judge will side with the officer, so it's pretty much a joke with a you did/they said defense. I had a female co-worker that told me a similar story, only she unbuckled her seat belt to reach for her purse in the floor of the passenger seat.

I've only had two dealings with JPD and I found them to be fair in both cases.

Unlike a certain Oak Groves Height officer who gave me a ticket for going 38 in a 40 mph zone becuase it was a school zone and posted at 25. You say I was breaking the law, it was 8:30Pm on a Sunday night in July. What school, Sunday School? And they don't call it speeding there, it's unattentive driving, violation of city ordinance that results in a $170.00 fine paid not to the state, but to the city. A new Tyronza has been born!
PicturePerfect

United States

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#19
Aug 31, 2008
 
I guess it will come down to everyone having to video or take pictures when they are being stopped. At least it might hold up in court. Most everyone has a camera phone these days. We could also point out, before we take the belt loose to get to our license, "officer, please note that I have my seat belt on". It is sad that our police officers cannot be trusted to do their jobs. Being attentive from the start, you would think that would be the first thing they would notice.
cruiserfan

Bullard, TX

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#20
Aug 31, 2008
 
If you tried to video tape your own stop they could just tell you to shut it off because they don't want to be taped. They have a right to tell you to shut the camera off.

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