Got a ticket in the BAY area - Can I beat it?

[jrdavid68]

First of all, I know the officer was doing his job and we were not being totally responsible.

Having said that, here is what happened. My girlfriend dropped me off at the BART station this AM, so I was without a car. I called to have her meet me for dinner (close enough to BART for me to walk). She brought her two kids and parents in a five-passenger car. So when we left, the 11 year old sat on her lap in the back seat. I got written up for a passenger seat belt violation (Guardian Responsibility Code 27630.5).

Here's the deal, she's not my daughter and I am not a legal guardian (although we have lived together for five years). Before I signed the ticket, I did tell the officer that she was not my daughter and everyone in the car heard that.

I did not press the issue and signed the ticket since I did not know if it would be a point or not. I am clean and could go to traffic school if I have to, but the GF has already done a traffic school this year and would not be able to do it again if this is a point.

Is it even worth fighting? Or, is it, “shut-up, pay the fine and don’t be stupid again”?

Your thoughts are appreciated. I imagine this will be moved to the OT forum soon.

Thanks,


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jrdavid68
1986 Carrera (166K Miles)
1980 911SC (176K Miles)
2001 VW Passat (< 4000 Miles)
1972 Chevy C10 (40,300 Miles)

[Greg-slant/cab]

Pay the fine and thank whoever was watching over you that the child is ok. Im sure you are an excellent driver, its the rest of the population you have to worry about.

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Greg-slant/cab
http://www.geocities.com/gregslantcab/

[Superman]

So, this was a seat belt citation? Is that one of those 'moving' violations that costs points?

Well anyway, it would be my guess that as the driver, you are responsible for ensuring that all the legal conditions are met. So, I don't think it matters who was related to you. There probably is no question about your guilt.

The Board has discussed various strategies for fighting citations in previous threads. Hey, occasionally a police officer might pick on one of us even though we observe all traffic laws all the time. I guess overall the one I like the best is to plead guilty with an explanation. Explain that the extra relatives just showed up and frustrated your original plan which was to have 5 passengers or less. Right? Throw yourself at the mercy of the Great and Powerful Oz.

Then again, someone else had an idea where you ask that the charge be reduced to something which scores no 'points,' but a fine is paid. Either way, dress nice.

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'83 SC

[Colby]

Do you have a clean record? If so, here is what I recommend (it's what I do for friend's whom call on me to get them out of tickets...I usually don't mess with them).

Show up early on your day of court. Speak with the DA/PA and explain to them that you have a clean record and really do not want this on your record (insurance, etc.). This is likely not a moving violation, so there are no points assessed and therefore won't go on your record. If this is the case, tell them again that you have a clean record, explain what happened, say you are really tight on cash and can't afford this right now, and ask for a 6 month deferral. If you are good and don't get any tickets, this one disappears (no fine, no court costs, nothing). If you get a ticket, you now have to answer to both of them.

If you have a clean record, the court will let you get away with a lot (I had an 89 in a 55 dropped..."Your Honor he is a young kid that got a lil excited with his new car. Believe me he has learned his lesson; give him 6 months to prove it"). This is your best bet.

Colby

[island911]

How is it I survived a childhood of no seatbelts, let alone child seats. I guess I'm one of the very few to make it thru those irresponsible days.
Let me guess. . you got the ticket from a cop on a motorcycle.
Well it's sad about the ticket. . .but consider yourself lucky. . . atleast CPS didn't take the kids away. . .yet.

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'81 Platinum Metalic SC COUPE

[89Targa]

Who are the CPS?

[Joe Bob]

CPS=Child Protection Service....worse than storm troopers. You are guilty until proven inocent.

[plain fan]

Yeah, the local paper/news is always quick to report when someone dies in an auto accident w/o wearing their seatbelt, but they never mention that people do die even when wearing their seatbelt, air bag inflates....

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plain fan

[N11Porsche]

Am I missng something here? You've been the father-figure of your girlfriend's children for 5 years, but now that you have a ticket in your hand, you want to deny any responsibility, just to get out of a ticket. Take the ticket, you and your girlfriend deserve it. Next time buckle those kids up. Your the adult. You asked.......





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Bill Carcot
1979 911SC
Diablo Region, P.C.A.

[pwd72s]

This IS California, right? Hire the dream team!

[SteveStromberg]

CPS is dicussed on these sites:

www.americanfreedomnews.com
www.eaglesup.com/
www.infowars.com/
www.iwf.org/
www.lewrockwell.com/
www.sierratimes.com/
Steve

[jrdavid68]

Thanks for the replies guys. I expected (and deserve) a little rubbing.

The one thing I found irritating was the extensive lecture I received about how the BAY area protects children and there is a zero tolerance policy for this sort of thing. While he was writing the ticket there were at least three red light runners at the intersection a half block in front of us - I guess that's tolerable in comparison.

I don't care so much about the fine - I was irresponsible and will pay. I just hope that it isn't a point on the record - my record is clean and I can go to traffic school to keep it off insurance. If it is, that will mean no more "spirited" 911 driving for a year until I get that traffic school option back.

Have a good weekend all - buckle up!

[Jdub]

Funny, the bit hit in the 'Bay area now is pet owners who are asking parents to keep their kids on leashes...seems the dog population now exceeds the population of children. Nice place to visit but...

Anyway, when you sit down in the driver's seat you are responsible for everything in the car prior to turning that key. That's the moral case (law aside) as far as I am concerned across this beautiful land of ours.

Jw

[jbirkett]

In California you are responsible, as the driver, for making sure all passengers under 18 are buckled up. After 18 the passenger gets the ticket.

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John Birkett
72'T Targa

[Two Oh]

Originally posted by jrdavid68:
Thanks for the replies guys. I expected (and deserve) a little rubbing.

The one thing I found irritating was the extensive lecture I received about how the BAY area protects children and there is a zero tolerance policy for this sort of thing. While he was writing the ticket there were at least three red light runners at the intersection a half block in front of us - I guess that's tolerable in comparison.

I don't care so much about the fine - I was irresponsible and will pay. I just hope that it isn't a point on the record - my record is clean and I can go to traffic school to keep it off insurance. If it is, that will mean no more "spirited" 911 driving for a year until I get that traffic school option back.
???? In the '80's I've been to traffic school three times in 24 months. They have different levels. The last school I attended was two 8 hour Saturdays in San Jose. The school is run and taught by the California Highway Patrol. Third ticket, 72 mph, freeway 280 north bound 1 am.
Have a good weekend all - buckle up!

[diverdan]

Have I been gone too long?
The U.S. seems to be getting really crazy on this over protectionist craze.
Last weekend my girlfriend was riding side saddle on the motorcycle taxi and I was the third passenger on the decrepit 90cc bike plodding the wrong way and diagonally through pot-holed the streets of Phom Phen. It's just the way life is and its a heck of a lot of fun! Oh, nobody even owns a helmet!
I could enjoy this fun and slow pace, but
I do miss the P cars back in the US. You can have the nitpickers! Life in the US is really getting too complicated.

Diverdan

[island911]

"Ain't a damn thing funny that it's all about money, in the land of milk & honey."

It is amazing, the level of sophistication used to extract money and power. Innovative Americans I suppose. Yes, Life in the US is complicated.

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'81 Platinum Metalic SC COUPE

[SteveStromberg]

Read this as it sums up were we are at today. Steve

http://www.sierratimes.com/archive/files/sep/04/raythomas.htm

[EdRogers]

Watch "the World according to Garp", children in the middle of the back seat are not safe!

[SteveStromberg]

More on CPS
http://www.sierratimes.com/childsnatch.htm