(yes, I searched...)


I received a seat belt ticket (had it on, just had the shoulder strap UNDER MY ARMPIT ... )
Additionally, I had an overdue inspection sticker.

The fine is $25, but the court costs are upwards of 100.

My insurance agent said I could go to court with my (yes, I took care of it) updated, new inspection and potentially have the whole thing thrown out. This is all good and well, but does it just save me the $25, or does "throwing it out" absolve me of paying anything? Because I'm not sure either charge affects points/insurance...

11/12/2008 9:01:40 AM

saves $25


has no effect on your insurance either way

[Edited on November 12, 2008 at 9:14 AM. Reason : .]

11/12/2008 9:14:06 AM

hmmm, interesting. as many times as i have been to court i have only had my court costs dropped once.

but 99.9% of my trips involved speeding tickets. the only time i got a seat belt ticket i just mailed it in.

you know, you could just call the court house and see.

11/12/2008 9:55:55 AM

Im curious why the seatbelt sholder strap was under your arm and how big of a stick that cop had insterted to write the seatbelt violation.

11/12/2008 9:59:23 AM

^^^ The judge can order the court costs reduced.

You could probably call the DA's office before hand, and they can just drop the charge without having to pay ANY court costs.

11/12/2008 9:59:50 AM

^^ That is just how I have always worn my seat belt ... until now.

My belt doesn't have an up/down thing on the door side to move the shoulder strap up and down, so it pretty much digs into my neck with (having long legs and the seat all the way back) being a little tall and the way I sit.

11/12/2008 10:33:06 AM

In my trips to the court house: If it is thrown out, you don't have to pay court costs.
That would be like telling someone to pay for a steak dinner when they left before they even got water.

11/12/2008 10:38:21 AM

Is it just me, or does contacting ones insurance agent about this seem like a bad idea? Can the insurance company even find out about a seat belt ticket if you don't tell them?

11/12/2008 10:48:41 AM

Cop:

"This won't affect points on your license OR raise your insurance premiums."

...

That's the reason I asked them.
Just trying to see if I save $100+ bucks, or just 25

11/12/2008 11:29:06 AM

haha i bet you look like a fucking retard rolling around town with a seatbelt strap under your fucking arm

i guess you just want to make sure you completely break your rib cage in the event of an accident?

11/12/2008 11:45:01 AM

you will probably get both dropped if you show up

11/12/2008 11:59:49 AM

Quote :

"§ 20-135.2A. (See Editor's note) Seat belt use mandatory. (a) Except as otherwise provided in G.S. 20-137.1, each occupant of a motor vehicle manufactured with seat belts shall have a seatbelt properly fastened about his or her body at all times when the vehicle is in forward motion on a street or highway in this State. (b) Repealed by Session Laws 2006-140, s. 1, effective December 1, 2006. (c) This section shall not apply to any of the following: (1) A driver or occupant of a noncommercial motor vehicle with a medical or physical condition that prevents appropriate restraint by a safety belt or with a professionally certified mental phobia against the wearing of vehicle restraints. (2) A motor vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier and a motor vehicle operated by a newspaper delivery person while actually engaged in delivery of newspapers along the person's specified route. (3) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle if the speed of the vehicle between stops does not exceed 20 miles per hour. (4) Any vehicle registered and licensed as a property-carrying vehicle in accordance with G.S. 20-88, while being used for agricultural purposes in intrastate commerce. (5) A motor vehicle not required to be equipped with seat safety belts under federal law. (6) Any occupant of a motor home, as defined in G.S. 20-4.01(27)d2, other than the driver and front seat passengers. (7) Any occupant, while in the custody of a law enforcement officer, being transported in the backseat of a law enforcement vehicle. (8) A driver or passenger of a residential garbage or recycling truck while the truck is operating during collection rounds, and while traveling to and from garbage and recycling material loading and unloading locations. (d) Evidence of failure to wear a seat belt shall not be admissible in any criminal or civil trial, action, or proceeding except in an action based on a violation of this section or as justification for the stop of a vehicle or detention of a vehicle operator and passengers. (d1) Failure of a rear seat occupant of a vehicle to wear a seat belt shall not be justification for the stop of a vehicle. (e) Any driver or front seat passenger who fails to wear a seat belt as required by this section shall have committed an infraction and shall pay a penalty of twenty-five dollars ($25.00) plus court costs in the sum of seventy-five dollars ($75.00). Any rear seat occupant of a vehicle who fails to wear a seat belt as required by this section shall have committed an infraction and shall pay a penalty of ten dollars ($10.00) and no court costs. Court costs assessed under this section are for the support of the General Court of Justice and shall be remitted to the State Treasurer. Conviction of an infraction under this section has no other consequence. (f) No drivers license points or insurance surcharge shall be assessed on account of violation of this section. (g) The Commissioner of Motor Vehicles and the Department of Public Instruction shall incorporate in driver education programs and driver licensing programs instructions designed to encourage compliance with this section as an important means of reducing the severity of injury to the users of restraint devices and on the requirements and penalties specified in this law. (h) Repealed by Session Laws 1999-183, s. 3, effective October 1, 1999. (1985, c. 222, s. 1; 1987, c. 623; 1991, c. 448, s. 1; 1994, Ex. Sess., c. 5, s. 1; 1997-16, s. 2; 1997-443, s. 32.20; 1999-183, ss. 1-3; 2002-126, s. 29A.3(a); 2005-276, s. 43.1(g); 2006-66, s. 21.11; 2006-140, s. 1; 2006-221, s. 21(a); 2007-289, s. 1; 2007-404, s. 2.)"

So why did you get pulled? From looking at that the law, if it was because of your seat belt, then it probably should get thrown out anyways. The inspection isn't in an online system that the cops can look up (yet, but will be soon when it is integrated into the vehicle registration) unless I'm mistaken.

[Edited on November 12, 2008 at 2:54 PM. Reason : ]

11/12/2008 2:51:20 PM

If you get both tickets dismissed there are not court costs.

11/12/2008 3:09:17 PM

If the ticket gets dismissed, then you don't have to pay anything including the court costs

Also, don't believe anything the cop tells you. Sometimes they tell you what you want to hear in order to avoid altercations.

11/12/2008 3:11:40 PM

You're going to court for $25? I work part-time for $8/hr and I won't even bother to do it.

11/12/2008 3:14:59 PM

no, he has to go to court for an inspection but got a seat belt ticket also

11/12/2008 3:32:22 PM

your agent is right. most times you can appear on your court date show the ADA a completed (passed) inspection, and they will dismiss the charge... alternatively, if you were to plead guilty to inspection sticker thing, they'd typically fine you like 25 bucks + 110 (or whatever it is now) in court costs. but a dismissal on that would mean you walk without paying any fines (or costs).

court costs would depend on the number of charges on the ticket... meaning that if you had a ticket with only the inspection sticker charge, a dismissal would void the court costs... but if you got pulled for speeding and then got an inspection ticket, a dismissal on the inspection would still leave you with the speeding, so you'd have to pay court costs.

i can't remember if seat belts carry court costs, but i'm thinking those are just the fine.. i got a seat belt ticket about a year ago. and the fine went up, because i had to pay something like 100 bucks (it used to be 25)... but i don't remember there being any costs. thats the part i'm not sure about

it sounds to me like your total will be around 100 if you bring the inspection in. no lower, no higher -- either way, you should get the inspection ASAP... cause NC can and will lay a big fine on you for going over a certain period of time without getting emissions tested

hopefully that made sense. let me know if it doesn't. between 99 and 06 i got a million tickets and went to court a billion times, so i'm pretty familiar

PS - I wouldn't bother calling the DA's office, their policy is to call it a conflict of interest to answer any "legal" questions since they represent the state

11/12/2008 4:00:44 PM

1. Ok, maybe I was wrong, but I thought if it was dismissed by the court, you still owed the court cost, but no fine. Or you can beg your way into reduced court costs, possibly

2. You can talk to the DA and get everything taken care of, if he'll drop it.

3.

Quote :

"Is it just me, or does contacting ones insurance agent about this seem like a bad idea? Can the insurance company even find out about a seat belt ticket if you don't tell them?"

LOL. When I got a speeding ticket 2 summers ago, I called my insurance agent to find me a lawyer so that it wouldn't go on my insurance. He found me one! And not only that, he didn't even make me pay lawyer fees, just the court cost (no fine either, as he got it reduced to improper equipment).

However, I don't know if I'd suggest to everyone to do this.

[Edited on November 12, 2008 at 4:10 PM. Reason : .]

11/12/2008 4:08:46 PM

i'm not in the insurance business, so i'm not sure --

but it seems like an agent really wouldnt care if you got a ticket. i always thought that they worked off commission, its not like the agent is actually insuring you with his/her money.

and until you actually get convicted and get the points, nothing could really change.

of course, i could be wrong. like i usually am. but it seems like it works that way

11/12/2008 4:41:15 PM

I am in a similar situation, although my lapsed inspection ticket stemmed from being rear-ended by some asshole on I-40 with no insurance. So my car won't pass inspection until I get some money out of this guy.

When I go to court next week, I intend to show the ADA an attempted inspection and explain how I haven't gotten it fixed because the other driver was giving me the run-around before I discovered he had no insurance.

1) Will the ADA buy my story and drop the charges?
2) Having not gone to Wake County court before, when/where do I talk to the ADA before I see the judge?

11/25/2008 11:56:32 AM

The DA should believe you, not sure if they'd drop the charges but they'd give you an continuance at the very least.

http://web.co.wake.nc.us/courts/continuances.html

11/25/2008 12:26:49 PM

Quote :

"1. Ok, maybe I was wrong, but I thought if it was dismissed by the court, you still owed the court cost, but no fine. Or you can beg your way into reduced court costs, possibly "

so you thought that if you were not convicted of a crime you would still have to pay for court costs? seriously?

11/25/2008 12:30:48 PM

considering I've never been to court, and don't care to look up such things, I'd say I have the possibility of being wrong.

to me, not being charged would mean no fines, no jail time, etc. But the court would still be able to charge you court costs since you still went to court over it.

It's like anything else, such as a doctor, lawyer, car shop. You get charged for showing up/using their time, no matter what the outcome is. A doctor doesn't waive charges if he can't find anything wrong with you.

11/25/2008 3:22:31 PM

I wonder what happens to the people who can't afford court costs?

11/25/2008 3:54:07 PM

^^ yeah, but your doctor won't put you in jail if you don't show up

11/25/2008 6:02:39 PM

$121 bucks for court costs is a bitch. I mean I'd rather have the ticket be that much and the court costs only 25

11/25/2008 6:10:21 PM

Quote :

"^^ yeah, but your doctor won't put you in jail if you don't show up"

ok, true. but that has nothing to do with what we are talking about

11/25/2008 10:57:37 PM

If you show your car is currently inspected then that charge might be thrown out in wake county. However I believe you said you still have a seatbelt charge correct?? so you are still stuck with that. Just show up day of court and talk to the DA and see what kind of deal you can get.

11/25/2008 11:09:47 PM

ANSWERS!

I showed inspection, and the DA threw it out.

I had no lawyer or anything, just myself, and asked what a clean driving record/etc could do for that seatbelt ticket. She said that "there isn't really anything she can do to make seatbelt tickets go away."

SO the inspection disappeared, and the seatbelt ticket remained. Court costs dropped from 121 to 75, but the $25 ticket remained.

I paid $100 and walked out. My insurance changed not at all. I went to court for $46, basically. Worth it, I suppose.

11/26/2008 10:37:38 AM

(had everything been thrown out, the entire deal would have been waived and I'd have owed nothing, to answer that)

11/26/2008 10:38:55 AM