Fighting this ticket

[akaAngelG]

I have recieved a seat belt ticket notice today in the mail and I really dont feel comfortable paying for it, I feel the need to fight it, but I dont know whether or not I should. I received the ticket during memorial weekend(9/1/07). My friends were taking me home, in their old 1963 chevy pickup, when we were pulled over b/c the driver forgot to turn on his headlights. The officers told him to get out, while my friend and I(I was the passanger, she was in the middle) sat and waited. One officer came up to us, while the other officer handled the driver. He saw we were not wearing seatbelts, and proceeded to write us tickets. I tried to explain that the seatbelts don't even work, I even showed him, his response was I shouldnt be in the car with broken seatbelts then. In my own car I ALWAYS wear a seatbelt, because this was not my car, and i had no control over the situation, they were my ride home, what was I supposed to do? I was litterally 5 minutes away from my house. To top things off, my friend and I were the only ones to get tickets, while the driver who was also not wearing his seatbelt, and the cause of initially getting pulled over did not get anything. what should I do? should I fight it?

 

[CdwJava]

What is your legal defense? The law says you need to wear a seatbelt and you were not. If they were not working properly, then he should have cited the driver, but nothing in the code section in CA says that a passenger can NOT be cited for this.

- Carl

 

[akaAngelG]

I'm not saying I shouldn't be wearing a seatbelt, my defense is, it wasnt my car, the seatbelts weren't working, the driver SHOULD have gotten a ticket, not me. He should have gotten a fix-it ticket...what am I supposed to do with a broken seatbelt?

 

[CdwJava]

I'm not saying I shouldn't be wearing a seatbelt, my defense is, it wasnt my car, the seatbelts weren't working, the driver SHOULD have gotten a ticket, not me. He should have gotten a fix-it ticket...what am I supposed to do with a broken seatbelt?

Logically, you could have said, "No, I won't ride with you because it is not safe."

This is probably the section you were cited for:

CVC 27315(e) A person 16 years of age or over may not be a passenger in a
motor vehicle on a highway unless that person is properly restrained
by a safety belt.​

You will note that your ownership of the vehicle is NOT an element of the offense. In fact, the section states that you may "NOT" be a passenger unless you are properly restrained. If you were a child, the driver would be responsible ... presuming you are 16 years or older, YOU are responsible.

- Carl