Click it or Ticket Campaign Kicks Off - NBC29 WVIR Charlottesville, VA News, Sports and Weather

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Thanksgiving is almost here and AAA expects a record amount of people to hit the road.

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The Truth

Charlottesville, VA

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#1
Nov 15, 2012
 

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It should be noted that a motorist can't be puled over for simply not wearing a seat belt. The seat belt law is what's called a "secondary law" in Virginia. The code says....

§ 46.2-1094.

F. "No citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.
Roy G Biv

Harrisonburg, VA

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#2
Nov 15, 2012
 

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good news!
Gnu

Charlottesville, VA

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#3
Nov 15, 2012
 

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The Truth wrote:
It should be noted that a motorist can't be puled over for simply not wearing a seat belt. The seat belt law is what's called a "secondary law" in Virginia. The code says....
§ 46.2-1094.
F. "No citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.
Interesting - cop prolly sees no seat belt, pulls you over for something else (fix it ticket, expired sticker, etc.- you name it) and tickets you.
Roy g biv

Harrisonburg, VA

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Nov 15, 2012
 

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Gnu wrote:
<quoted text>
Interesting - cop prolly sees no seat belt, pulls you over for something else (fix it ticket, expired sticker, etc.- you name it) and tickets you.
this is one of the many reasons society is crumbling you are correct and abuses of citizenry ends in collapse
thinking free

Charlottesville, VA

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Nov 15, 2012
 

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Roy g biv wrote:
<quoted text>this is one of the many reasons society is crumbling you are correct and abuses of citizenry ends in collapse
Well we can still buy toilet paper.
Dude

Marshall, VA

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#6
Nov 16, 2012
 

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The Truth wrote:
It should be noted that a motorist can't be puled over for simply not wearing a seat belt. The seat belt law is what's called a "secondary law" in Virginia. The code says....
§ 46.2-1094.
F. "No citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.
innocence is impossible to prove after the fact; I'm sure that most police consider that a mere suggestion. It's just like most drivers don't know that flashing to warn other drivers isn't illegal in Virginia ( and is protected in Florida as free speech)but police will attempt to ticket one who does for some sort of obstructionism.
Pete

Charlottesville, VA

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#7
Nov 17, 2012
 

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Just leave us alone! You do this every holiday by patrolling an area and pulling motorists over.People are people and will cause and accident by following too close, texting, playing with MP3 or radio or falling asleep at the wheel etc, regardless if the police are out there. Most of us know how to drive but the few that don't you can't help them anyway.
Roy g biv

Harrisonburg, VA

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#8
Nov 17, 2012
 
thinking free wrote:
<quoted text>Well we can still buy toilet paper.
you ar
E so right brother....I am with you 100% on this one and the lesbian issue also!
CvilleGordo

Charlottesville, VA

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#9
Nov 18, 2012
 
Gnu wrote:
<quoted text>
Interesting - cop prolly sees no seat belt, pulls you over for something else (fix it ticket, expired sticker, etc.- you name it) and tickets you.
Your logic is full of holes. If the cop sees something else; defective equipment or expired inspection, etc.- you are being pulled over for THAT violation, the seat belt is just a bonus. And often you will be written a seat belt ticket IN LIEU of a more serious (more expensive) violation.

And fyi, the NEXT code item (restraints for children) doesn't have any requirement for the traffic stop to be for some other reason. I assure you that if your rug rat is climbing around in the back seat, you can be stopped for ONLY that.

Finally, in these campaigns, there will be check points for which the traffic is specifically stopped to check for seat belts. Since those stops are preauthorized, set up in advance and even announced, there is no requirement for some other violation to stop you.

So go for it, all you buckle-less heroes.
goob

Harrisonburg, VA

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#10
Nov 18, 2012
 
CvilleGordo wrote:
<quoted text>
Your logic is full of holes. If the cop sees something else; defective equipment or expired inspection, etc.- you are being pulled over for THAT violation, the seat belt is just a bonus. And often you will be written a seat belt ticket IN LIEU of a more serious (more expensive) violation.
And fyi, the NEXT code item (restraints for children) doesn't have any requirement for the traffic stop to be for some other reason. I assure you that if your rug rat is climbing around in the back seat, you can be stopped for ONLY that.
Finally, in these campaigns, there will be check points for which the traffic is specifically stopped to check for seat belts. Since those stops are preauthorized, set up in advance and even announced, there is no requirement for some other violation to stop you.
So go for it, all you buckle-less heroes.
No moron...no other reason needed to stop you....but if you are violation free except the seatbelt no ticket genius....
Native

Charlottesville, VA

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#11
Nov 18, 2012
 
goob wrote:
<quoted text>No moron...no other reason needed to stop you....but if you are violation free except the seatbelt no ticket genius....
ok...try it a see. Let us know how it turns out, maybe we can pass the hat and collect for you ticket funds.
Roy g biv

Harrisonburg, VA

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#12
Nov 18, 2012
 
Native wrote:
<quoted text>
ok...try it a see. Let us know how it turns out, maybe we can pass the hat and collect for you ticket funds.
your wrong. Ask Jim cam lots
Roy g biv

Harrisonburg, VA

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#13
Nov 18, 2012
 
Cables
Roy g biv

Harrisonburg, VA

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#14
Nov 18, 2012
 
I guess you were wet behind the ears when the county had to do the 3k refund in 2002 for the click it campaign for road block issuance of seat belt tickets with no primary violation
Roy g biv

Harrisonburg, VA

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#15
Nov 18, 2012
 
Camblos
Roy g biv

Harrisonburg, VA

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#16
Nov 18, 2012
 
Can a person be pulled over simply for not wearing a safety belt?
The seat belt law in Virginia is considered a "secondary" offense which means a driver would need to commit another "primary" offense, such as speeding or making an illegal lane change etc.?.....that ....from a DMV website highlights the legal issue genius...you are a real smart one...perhaps one of those buffs who think its cool when a the govt infringes on the rights of citizens...it's not about pulling someone over or roadblock or safety check...it's about first having primary offense
Native

Charlottesville, VA

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#17
Nov 18, 2012
 

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Roy g biv wrote:
Can a person be pulled over simply for not wearing a safety belt?
The seat belt law in Virginia is considered a "secondary" offense which means a driver would need to commit another "primary" offense, such as speeding or making an illegal lane change etc.?.....that ....from a DMV website highlights the legal issue genius...you are a real smart one...perhaps one of those buffs who think its cool when a the govt infringes on the rights of citizens...it's not about pulling someone over or roadblock or safety check...it's about first having primary offense
don't forget to let us know how it goes!
Dude

Montpelier, VA

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#18
Nov 18, 2012
 
Native wrote:
<quoted text>
don't forget to let us know how it goes!
LOL...agreed
Roy G biv

Harrisonburg, VA

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#19
Nov 19, 2012
 
Granted, I am certain both Native and Dude are legal scholars, and certainly some law enforcement affiliation at least....but unfortunately, getting off on giving someone an illegal ticket is certainly nothing to be proud of and what is wrong with our legal system. Not brave enough to stand up to your own commanders and speak up, but rather be forced to do something wrong.
Check out the OAG of Virginia opinion here and please print out a copy to take to court with you if your are unfortunate enough to receive a seat belt violation at a roadblock when you have no other violation, expired reg, inspection, etc..
http://www.ag.virginia.gov/Opinions%20and%20L...
Roy G biv

Harrisonburg, VA

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#20
Nov 19, 2012
 
Now Native and Dude,...I will agree with you both that it "wont go well" because most police will do what they are told even when they know it is wrong or even against a OAG opinion on the law itself but I do have to agree with you it certainly wont go well, because Someone will get a wrongful ticket...have to take off from work and lose a days pay in bad economic times, and possible even risk their employment, sit in court and possible, if they are naive or ill prepared have to pay a fine that many cant even afford. So, yes, do LOL all you find appropriate.

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