Author Topic: Ticket Advice (Read 771 times)

cav58d · « **on:** June 04, 2007, 03:41:23 PM »

First and foremost, if I have to pay this ticket it's not a big deal, so if that is the best option I will take it.

Anyways....This past weekend I was partying at my beach house at the Jersey Shore. I left the bar early, and ended up in a taxi with 7 random people. I am sitting in the rear left seat. We are pulled, ID's taken, and held for about 30 minutes before Police Officers come back and issue everyone tickets. I was only ticketed with failure to wear a seat belt ($50), and got off lucky, because two of the chicks in the cab recieved tickets for over $200, however, I was too drunk and don't remember what their ticket was for.

Anyways....I've never even thought of wearing a seat belt in the back seat of a taxi (maybe I should start). Furthermore, because the car was so over crowded, there is absolutely no way the Officer could have seen whether or not I was wearing a belt, so do I have any grounds to challenge the ticket? Or should I just pay.

john9001 · « **Reply #1 on:** June 04, 2007, 03:44:10 PM »

just pay your seat belt tax like a good citizen, the police have to make a living too.

cav58d · « **Reply #2 on:** June 04, 2007, 03:49:08 PM »

Unless I am reading this wrong, there is no violation for not wearing a belt in the back seat.

39:3-76.2f Seat belt usage requirements for persons ages 8-18; driver's responsibility.
2. a. Except as provided in P.L.1983, c.128 (C.39:3-76.2a et al.) for children under eight years of age and weighing less than 80 pounds, all passengers under eight years of age and weighing more than 80 pounds, and all passengers who are at least eight years of age but less than 18 years of age, and each driver and front seat passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

b.The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system, as defined by Federal Motor Vehicle Safety Standard Number 209, any passenger who is at least eight years of age but less than 18 years of age.

For the purposes of the "Passenger Automobile Seat Belt Usage Act," the term "passenger automobile" shall include vans, pick-up trucks and utility vehicles.

L.1984,c.179,s.1; amended 1999, c.422, s.1; 2001, c.244, s.2.

39:3-76.2g Exceptions to seat belt usage requirements.

3.This act shall not apply to a driver or front seat passenger of:

a. A passenger automobile manufactured before July 1, 1966;

b. A passenger automobile in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons;

c. A passenger automobile which is not required to be equipped with a safety seat belt system under federal law;

d. A passenger automobile operated by a rural letter carrier of the United States Postal Service while performing the duties of a rural letter carrier; or

e. A passenger automobile which was originally constructed with fewer safety seat belt systems than are necessary to allow the passenger to be buckled.

Gunthr · « **Reply #3 on:** June 04, 2007, 03:49:31 PM »

you should be paying somebody ... sounds like a great time you were having.

i think you could get it thrown out if you were willing to lie under oath... which is why i personally would pay up...

cav58d · « **Reply #4 on:** June 04, 2007, 03:54:04 PM »

Has nothing to do with lying. It has to do with whether it is required to wear a seat belt in the rear row of seats, which I believe is not a requirement according to 39-3.76.2F

Gunthr · « **Reply #5 on:** June 04, 2007, 03:55:27 PM »

there is your answer then. altho you want to be careful as to the legal definition of a "taxi" for hire as opposed to the type vehicles you quoted in the statute.

nirvana · « **Reply #6 on:** June 04, 2007, 04:08:42 PM »

It would seem a taxi is a "passenger automobile" in which case it appears that if you are over 18 then you were in the right. I'm not sure if there are occupant limits in taxis though, which would seem to be the drivers fault anyway.

But I'm not a lawyer so...

DREDIOCK · « **Reply #7 on:** June 04, 2007, 06:39:24 PM »

Didnt know you were a Jersey guy

Which part of the Jersey shore were you at?

If you were at Seaside it doesnt surprise me.
Unlss you live there year round your just another much loathed "benny" to the residents and cops alike.

they will ticket you for any reason they can find on a whim.
Even if they have to make one up

Now before anyone starts jumping on me
I am one of the lucky few who have never been ticketed at Seaside.
Never had a run in with them of any kind.
But I know many who have
And their reputation runs far and wide.

Am curious though.
What reason did they give to pull the taxi over?

bsdaddict · « **Reply #8 on:** June 04, 2007, 06:48:22 PM »

it clearly says "each driver and front seat passenger..." fight it, sue him for malicious something-or-other too...

DiabloTX · « **Reply #9 on:** June 04, 2007, 06:50:38 PM »

So, you get drunk and get a taxi. You do the right thing. And they still dink you?

The only thing I see wrong is maybe over-loading the taxi. But other than that what a buch of crap.

bsdaddict · « **Reply #10 on:** June 04, 2007, 06:52:54 PM »

Quote

Originally posted by DiabloTX
So, you get drunk and get a taxi. You do the right thing. And they still dink you?

The only thing I see wrong is maybe over-loading the taxi. But other than that what a buch of crap.

welcome to the police state.

I went to a job interview the other day, coming home as I was heading back north on on 93 I hit a borderpatrol/state police checkpoint. This was prolly 50ish miles from the Canadian border mind you. I was pretty sullen by the time the statie got to me, cost me at least 20 minutes...

DiabloTX · « **Reply #11 on:** June 04, 2007, 06:54:16 PM »

Sounds more like "Welcome to Jersey."

cav58d · « **Reply #12 on:** June 04, 2007, 07:05:19 PM »

My house is in Belmar. Myself, and 8 other college buds rented out a watermelon chack on the beach for the summer.

I'm pretty pumped to say, locals have told me i'm not a "benny". I'm from Connecticut and I don't have a blow out, nor do I fist pump on the dance floor! lmao.

Cops are hard arses on the shore for sure. They were up and down my street literally all weekend just looking to hand out tickets. Thankfully I have an awesome landlord that looks out for us (and her property lmao).

But anyways, the reason the taxi was pulled over was because it was over loaded. Prolly 8 or 9 people in there. However, thats the drivers responsibilty, and he should have denied fare.

I don't remember leaving the bar, or getting into the cab. I didn't know anyone in the cab, but it was mostly chicks, so i'm sort of pissed because it would have prolly led to something fun.......or a lot of trouble. haha.

Worst thing though is when we were pulled over, the cop did something with the taxi. (Either had it towed, or sent him on his way, but I don't remember). The Officers never arranged for other transportation for me, and in return, I ended up drunken wandering the streets of belmar and getting lost for an hour and a half, until some locals, who told me they like to beat up bennies, helped me find my way lol.

Anyway's, I am going to fight it most definately. I cant imagine how many poor suckers have had to pay stupid tickets, when the Officers were in the wrong. All it takes is a quick google search. Unfortunately, me fighting this ticket may result in me losing the "First Ticket" Award of the summer...(bummer, lmfao)

Anyways, if anyone is in the Belmar area on any weekend this summer send me a PM. My buddies and I will basically be inhabiting the area most weekends, from fri afternoon till sun. If you like drinking beer, taking shots of Jamo, dancing your arse off, and getting laid (trying at least haha), then definately come say hello. Fun is had by all. =)

Dammit. It's only Monday! 4 more days!!!!!!!!!!!!!!!!!:aok

x0847Marine · « **Reply #13 on:** June 05, 2007, 04:47:26 AM »

If you were not required to wear a seat belt, and were "obeying teh law", you can argue the officer didn't have probable cause to make contact with you.

And blame the cabbie.... You were just innocently on the way home, from church or feeding the home less, when that crazy smelly taxi driver, who might be Iraqi or something, started picking up hookers requesting they play sexual taxi-twister for a free ride.

Of course you objected vehmently to the cabbies reckless and immoral behavior, but became trapped by the intoxicated prostitutes before you could get out and was relieved when that fine young officer came to your rescue.

Although you appreciate and commend the fine job the officer did that evening, he did error in issuing you a ticket... as you were legally seated just trying to get home in time to help old ladies cross the street. And furthermore, if not for the abhorrent behavior of that reprobate cab driver, the officer would have had no observable probable cause to make contact with you.

Ghosth · « **Reply #14 on:** June 05, 2007, 07:55:16 AM »

Legally you have a leg to stand on if you were in the back seat and the state law exempts back seat passengers.

Morally you were far enough over the edge that you probably should pay the fine and learn your lesson.

Drunk, out of control, (thank god you weren't driving) did you do or say anything to draw attention to yourself? If you did, you earned the fine, pay it up and learn from it. If you don't karma may make the next lesson harsher.

Last, is it worth the time & trouble, time out of your life defending against this?

On the other hand, is this what the police are counting on? If so you are almost honor bound to fight it.

If your willing to walk into a courtroom and look the judge in the eye. Tell him, hey, I did the right thing, friends got me drunk, I didn't drive, I called a cab and passed out as soon as I sat down. I learned my lession, and I won't do it again, I swear! I really doubt that any judge is going to punish you for that.