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sandmade75 · May 5, 2014, 06:54 AM

Hello I am in a diversion program to where if I do not get any convictions or deductions of points on my DL then I won't be found guilty of a speeding ticket in the past as part of the agreement. I just got a seat belt ticket does this count towards me at all or is it strickly monotery? The agreement is for 6 months from March 2014. Should I contest it and if found guilty hop it is after the 6 months. Ticket issued in May. I live in the State of Indiana. Thanks

joypulv · May 5, 2014, 06:59 AM

'No convictions or deduction of points' is something I think you can easily find or call about yourself easily enough.
As for contesting the ticket, yes I would, because I have in the past, and it has helped. A lot will depend on how you conduct yourself at the hearing.
As for hoping that will extend the 6 months if you lose - no, there is no way you can stall that long. But ask for the hearing anyway, hoping to avoid the points and fine.
I don't believe in decisions by default (doing nothing).

smoothy · May 5, 2014, 07:40 AM

No harm in trying to fight it... but they will know about your diversion program and be less likely to rule in your favor being you already were given a break once and you got busted during the probationary period.

I think the odds aren't good of winning... but they aren't exactly zero either. But your odds are better if you fight than they are if you simply pay it and accept full guilt.

AK lawyer · May 5, 2014, 08:14 AM

I rather doubt that you will get points for a seat-belt ticket, but I suppose it is possible.

It might, however, be considered a "conviction", depending on whether it is considered criminal or a mere traffic violation.

Try to teach yourself the habit to buckle up every time you get in a vehicle, without even thinking about it. It might just save you life.

If you try to fight this just to delay it until after the six months has expired, I suspect the judge will not like your stalling tactics, and thus may hold it against you.

smearcase · May 5, 2014, 08:30 AM

Assuming that the ticket was for your own lack of seatbelt (not a child restraint violation), I could find no states that issue points for seat belt law violations. FL can issue points for child support violations. But if you just pay it, it will likely be considered a conviction, which would be a problem for you. If I were the judge, you would have to have a very good story to convince me not to convict you, and I can't even think of a good story I would accept. Maybe- I had just had abdominal surgery and my Dr. said no pressure on abdomen for 6 weeks, and I had to get to my job or lose my job, backed up with a letter from the Dr.
Check the actual ticket to verify that paying it constitutes conviction and/or call the state motor vehicle division. If the answer is yes, you have two choices, pay it and receive the points per the agreement; or got to court and take your chances. I agree with previous comments (hadn't seen AK's comments). Go to court. Slim chances but only chance to avoid the points.

odinn7 · May 5, 2014, 08:46 AM

Originally Posted by AK lawyer

Try to teach yourself the habit to buckle up every time you get in a vehicle, without even thinking about it. It might just save you life.

Mine isn't a legal answer but I just wanted to comment on this as AK lawyer makes a very good point...in 1996 I had a car accident in which I put my head through the windshield of the car I was driving. Had I been wearing a seat belt, most of what I went through would have been eliminated. Now I won't drive without one.

Fr_Chuck · May 5, 2014, 09:13 AM

Originally Posted by odinn7

Mine isn't a legal answer but I just wanted to comment on this as AK lawyer makes a very good point...in 1996 I had a car accident in which I put my head through the windshield of the car I was driving. Had I been wearing a seat belt, most of what I went through would have been eliminated. Now I won't drive without one.

Of course I will go the other way, I had a serious accident, my car went off a cliff. I went though the windshield, and out of the car. The car was smashed completely. The entire drivers compartment gone, steering wheel to back of seat, roof down to steering wheel. If I had stayed in, I would be dead. I will not wear and still do not wear a seat belt.

On the question, you said, "no convictions OR deductions OR points. This is a ticket and if found guilty will be a conviction of a traffic code.