The Common Law
But I Was Wearing My Seat Belt!
By Luke Ellis, Fri., July 18, 2008
Maybe, but success in challenging the ticket will depend on a number of factors. Most importantly, you should consider what, if any, evidence you can show at trial that will support your position that you were wearing the seat belt.
If the main evidence is your own testimony, you'll find yourself in a classic "he said/she said" problem, which refers to a situation in which the evidence that will resolve the dispute is conflicting oral testimony. You will take the position that you wore the seat belt at all times while operating the vehicle and only removed it to more easily comply with the officer's requests for information. Alternatively, you can expect the police officer to testify that he or she witnessed you operating the vehicle without proper use of the safety belt. Assuming no other evidence is presented, as a general rule, judges and juries are much more likely to side with the police officer in these types of minor traffic infractions.
Any additional evidence to support your position will help your case. For example, additional testimony from another car passenger that you were wearing your seat belt might be persuasive. Your chances to win at trial will also increase if the police officer fails to appear in court and provide testimony, which sometimes happens.
Remember that if you do decide to challenge the citation, you must plead "not guilty" by the appearance date located on the bottom of your citation. You can notify the court whether you want a trial by judge or jury when you submit your not guilty plea. After the court receives your plea of not guilty, the case will be scheduled for an appearance docket within 30 days, which will give you a chance to discuss the case with a city prosecutor. You can also waive the appearance docket and be scheduled directly for trial.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
